A nine-member bench of the Supreme Court (SC) on Tuesday adjourned the hearing of Justice Qazi Faez Isa’s petition against presidential reference till October 8 and directed Additional Attorney General Amir Rehman to submit a response on the judge’s appeal within one week.
The bench also issued notices to other respondents, including Prime Minister Imran Khan, President Arif Alvi, Supreme Judicial Council, Federal Minister for Law and Justice Barrister Farogh Naseem and Attorney General for Pakistan Anwar Mansoor Khan.
Justice Umar Ata Bandial, who headed the bench, pointed out that Justice Mansoor Ali Shah – who is a member of the bench – could not attend the proceedings as he was on leave. He also noted that Justice Isa’s lawyer Muneer A Malik was ill and had submitted a request in the court to adjourn the hearing earlier. The request was, however, declined.
As the hearing started, Justice Umar Ata Bandial noted that all petitioners, including Justice Isa, ‘attacked’ the presidential reference on the ground of ‘mala fide of facts’ and law based on principle laid in former CJP Iftikhar Chaudhry’s case. “It’s a case of anxiety not only for the bar but also bench as well. We have to act in accordance with the law and constitution,” Justice Bandial observed. “This is a very important case and we have no intent to linger on the matter,” he added.
Justice Munib Akhtar, another member of the bench, said that all parties should convince the court over the exemption granted to the prime minister and president under Article 248. The bench noted that it can examine Article 211 wherein SJC proceeding cannot be challenged in the court of law while it will also consider whether the president or prime minister can become a party under Article 248 of the constitution.
Headed by Justice Bandial, the bench consists of Justice Maqbool Baqar, Justice Manzoor Ahmad Malik, Justice Arab, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah, Justice Syed Mansoor Ali Shah, Justice Akhtar, Justice Yahya Afridi and Justice Qazi Muhammad Amin.
The apex court is seized with nine petitions moved by Justice Isa, the Supreme Court Bar Association (SCBA), the Pakistan Bar Council (PBC), Abid Hasan Minto, Abdul Basit, who heads the High Court Bar Association, Quetta, Muhammad Asif Reki, the president of Quetta Bar Association, the Sindh High Court Bar Association, the Balochistan Bar Council and the Sindh Bar Council.
The petitions contend that the references against Justice Isa ‘while cloaked in pious proclamations of accountability – are actually rooted in mala fide of fact and law’.