CJP orders new 10-member bench to hear Justice Isa’s petition against presidential reference

The president of the Supreme Court of Pakistan, Asif Saeed Khosa, on Friday ordered the formation of a full 10-member bank for the hearing of the request of the Supreme Court judge Qazi Faez Isa regarding the presidential reference instituted against him.

Directed by Judge Umar Ata Bandial, the 10-member bank will hold a hearing on Judge Isa's request on September 24 at 1pm.

The new bank will also include Judge Maqbool Baqir, Judge Manzoor Ahmad Malik, Judge Faisal Arab, Judge Mazhar Alam Khan, Judge Sajjad Ali Shah, Judge Mansoor Ali Shah, Judge Muneeb Akhtar, Judge Yahya Afridi and Judge Qazi Ameen Ahmed.

Previously, Judge Isa had opposed a seven-member bank to hear the reference and had filed a petition requesting the formation of a new and complete bank along with an expedited hearing to address his request.

During the hearing of the petition, the lawyer representing Judge Isa, Muneer A. Malik, argued that the judges on the bench who could possibly benefit from the dismissal of this petition should kindly withdraw from the proceedings, in addition to three senior judges. rank. who were members of the Supreme Judicial Council (SJC).

Two judges of the seven-member bank, Judge Sardar Tariq Masood and Judge Ijaz-ul-Ahsan, subsequently refused to hear the case.

The petitioner judge had opposed the presence of Judge Masood and Judge Ahsan, since if he (Judge Isa) was indicted by the Supreme Judicial Council (CSJ), Judge Masood would be elevated to the position of president of justice for six months until March 10. 2024, otherwise he would reach retirement as a judge. Similarly, in this scenario, Judge Ahsan would become the president of the court in March 2024 instead of October 25, 2024.

A referral had been instituted in May this year against Judge Isa, accusing the judge of hiding his property in the United Kingdom allegedly on behalf of his wife and children. After the news of the reference on television screens, the judge wrote several letters to President Arif Alvi, asking him to confirm if the reports were true.

Subsequently, a lawyer from Lahore presented another reference on the act of the judge writing and seeking information from the president, accusing him of violating the code of conduct of the judges.

The Supreme Judicial Council (CSJ), however, annulled the second reference since it did not find the matter "serious or serious enough to constitute sufficient misconduct for its [Justice Isa’s] dismissal of the exalted position of a judge of the Supreme Court. "