–Justice Bandial says CJP being moved for constitution of new bench
–Lawyers say they ‘cannot see justice being delivered’ in presidential references against SC judge
ISLAMABAD: A 10-member full bench of the Supreme Court (SC) hearing a set of petitions challenging the presidential reference against Justice Qazi Faez Isa was dissolved on Monday after one of the judges became “unavailable”.
Justice Umar Ata Bandial, who was heading the bench, said as the judges congregated that the bench had been dissolved due to the non-availability of Justice Mazhar Alam Miankhel.
“The matter of constituting a new bench is being sent to the chief justice,” Justice Bandial said.
Justice Isa’s counsel, Munir A Malik, requested again that a full court bench be formed to hear the case, to which Justice Bandial reminded him that it is up to the chief justice to constitute a bench however he sees fit.
This will be the second time that the chief justice will be requested to reconstitute the bench hearing the petitions regarding presidential references against Justice Isa.
Initially, a seven-member bench was constituted to hear the petitions but, following the recusal of Justice Sardar Tariq Masood and Justice Ijazul Ahsan, a request had been sent to the chief justice to reconstitute a bench to hear the case. The top judge had then constituted the current 10-member bench.
PBC QUESTIONS URGENCY:
Meanwhile, members of the Pakistan Bar Council (PBC) expressed reservations over the development, saying that they “cannot see justice being delivered”.
Talking to the media after the court’s proceedings, PBC lawyers said that the bench had been dissolved because of the absence of one judge. They added that there was no ground to reconstitute the bench as, according to a Supreme Court order, a bench that begins hearing a petition is supposed to hear the entire case.
They said that all petitioners were present in the court and no one had expressed reservations over the current bench. The lawyers announced that they will raise objections over the bench that will be constituted next.
“[We] don’t understand the urgency [being shown] in this case,” senior lawyer Ali Ahmed Kurd said outside the court.
Another senior lawyer, Hamid Khan, said the proceedings can wait if a judge is unavailable. He added that the 10-member bench had already been formed and the chief justice “does not have the authority” to constitute another bench.
“If this happens, it will be an unconstitutional step,” Khan said.
Talking to reports, former president of the Supreme Court Bar Association Rasheed Rizvi said: “From the first day, it seems like these judges cannot wait to pass a verdict within two hours. Do they want to issue a verdict before someone’s retirement?
“There is a judgement [which says] that once a bench is formed, it cannot be dissolved. The conduct of these judges clearly shows that there will be no justice,” he accused.
PBC Vice President Amjad Ali Shah said that all petitioners who have filed appeals in connection with the presidential references against Justice Isa were present in court today for the hearing, yet the bench was dissolved due to the absence of one judge.
“We will have objections to any other bench except this one,” he declared. “We want this bench to hear the case. [It] has [already] held two hearings,” he said.
SAME BENCH TO HEAR CASE:
However, an informed source told Pakistan Today on condition of anonymity that it is highly likely that the same bench will hear the case next week as Justice Mazhar Alam Miankhel has proceeded on leave to his hometown following a death in the family.
“Once Justice Miankhel resumes his duties, it is possible that the chief justice will ask the same bench to continue hearing the set of petitions filed against Justice Isa’s presidential references,” the source said.
