File photo, courtesy Supreme Court of Pakistan
Justice Syed Mansoor Ali Shah on Monday recused himself from a seven-member Supreme Court bench hearing petitions against the trial of civilians in military courts, writing in a note that he had done so to “to safeguard public trust in the integrity and impartiality” of courts.
Noting that he was related to petitioner Jawwad S. Khawaja, he clarified that the latter had filed the petition in the public interest and was not motivated by personal interests. However, he wrote, he felt it appropriate to recuse at the government’s request because the common man might not fully understand the difference between ‘public interest’ and ‘personal interest’ petitions.
Despite his stance, he maintained, judges should not accept all requests for recusal without first examining the grounds for that request and determining if a recusal were merited. If the purpose of the request was merely to create an impression of impartiality without any sound basis, judges should not abdicate the performance of their duty, he emphasized. However, if there is any reasonable ground that could genuinely raise doubts about the impartiality of a judge, it is preferable to step aside in the larger interest of upholding public trust in the integrity and impartiality of the court.
Acknowledging that Khawaja was his relative, Justice Shah said Article IV of the code of conduct for superior court judges did not apply in this case, as the petition was moved in the public interest, and not personal interest. No verdict would affect him personally, he added.
Separately, Khawaja issued a statement clarifying his petition, stressing he was not supporting Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan. Noting he believed the trial of civilians in military courts was “illegal” and “unconstitutional,” as it impinges upon fundamental rights, he claimed it was incorrect to try and paint it as motivated by personal interest. In recent days, unverified reports had emerged that some of Khawaja’s relatives are also facing legal action over their participation in the demonstrations on May 9.