Daily Times

Chief Justice of Pakistan (CJP) Justice Asif Saeed Khosa has constituted a seven-judge larger bench to hear Supreme Court judge Justice Qazi Faez Isa’s petition over presidential references against him.

The seven-judge bench, led by Justice Umar Ata Bandial, will hear the case on September 17.

Other members of the bench include Justice Maqbool Baqar, Justice Manzoor Ahmad Malik, Justice Sardar Tariq Masood, Justice Faisal Arab, Justice Ijazul Ahsan and Justice Mazhar Alam Khan Miankhel.

Justice Isa is facing presidential references for not declaring his family members’ assets.

Different superior bars including Supreme Court Bar Association (SCBA) and Pakistan Bar Council (PBC) had challenged the references filed against Justice Isa, contending that the references are motivated by the judge’s verdict in the Faizabad sit-in case. Since filing of the presidential reference against Justice Isa in May this year, he was not included in any of the apex court benches. However, according to the apex court’s judges’ roster, issued earlier this month, Justice Qazi Faez Isa is heading bench number 4 that also include Justice Maqbool Baqar and Justice Ijazul Ahsan. All six benches are hearing cases since September 11.

Last month, Justice Isa in a petition had accused the country’s top judge Justice Asif Saeed Khosa of being biased against him.

Justice Isa stated that a month back before the filing of the reference against him, Justice Khosa asked him to discuss the petition against him behind the Supreme Court building. He also said that in light of the sensitivity of the matter, he would only disclose the conversation in-camera before the court so the top judge may contradict him if given the chance to do so.

Justice Isa also claimed that intelligence agencies were deployed to monitor his family in which public funds were also misused. Moreover, he alleged that his wife’s personal data and records were also probed.

It may be mentioned here that the CJP on Wednesday stated that the Supreme Judicial Council (SJC) “was mandated by the constitution to inquire into conduct of judges of the superior judiciary and I must say that the job to be performed in that regard is the most unpleasant job that its chairman and members are to perform in their entire judicial careers. Nonetheless, it is a constitutional duty they cannot refuse to perform.”

“The constitution empowers the president to direct the council to inquire into the conduct of a judge and the council cannot disregard such a constitutionally mandated direction and it must inquire as directed. It, however, goes without saying that such a direction to inquire does not, and cannot, control the opinion to be formed by the council after inquiring into the matter,” said Justice Khosa, in a clear reference to Justice Qazi Faez Isa and the Sindh High Court (SHC) judge KK Agha’s case, facing presidential references for allegedly not disclosing foreign properties in their wealth statements.