ISLAMABAD: It is likely that a bank of seven Supreme Court judges headed by Judge Umar Ata Bandial will begin the formal hearing of the petitions filed against the presentation of presidential references against Judge Qazi Faez Isa of the Supreme Court since September 17 and judge KK Agha of the Superior Court of Sindh.
In addition to the presiding judge, the bank will consist of Judge Maqbool Baqar, Judge Manzoor Ahmed Malik, Judge Sardar Tariq Masood, Judge Faisal Arab, Judge Ijaz-ul-Ahsan and Judge Mazhar Alam Khan Miankhel.
The main judges, the main judge Asif Saeed Khosa, the judge Gulzar Ahmed and the judge Mushir Alam, who are also members of the Supreme Judicial Council (CSJ) who are listening to the presidential reference against Judge Isa, are not part of the largest bank which will initiate the procedures in the petitions against the reference.
Justice Bandial heads the seven-member bank
Shortly after the presentation of the presidential reference, Judge Isa challenged her by instituting a petition before the Supreme Court. In total, the country's superior court is occupied with six different petitions on the same subject, namely Judge Isa himself, the Bar Association of the Supreme Court, the Pakistan Bar Council, a joint petition of the eminent jurist Abid Hassan Minto and right-wing activists IA Rehman, as well as by the president of the Quetta Bar Association, Muhammad Asif Reki.
Judge Isa is also likely to present additional documents on Friday to the Supreme Court to support the petition he has already filed.
On August 7, Judge Isa moved the petition by describing the reference against him as one that was "moved by a proxy with a bad intention of achieving a collateral purpose."
Drafted and filed by Judge Isa himself under Article 184 (3) of the Constitution, the 71-page petition had requested a statement that the SJC reference chamber hearing had no legal authority and violated fundamental rights.
"This petition is not just a judge, but sends a signal to everyone, that they will also be subjected to the same treatment if they persist in acting independently and decide cases according to the Constitution and the law by ignoring the vested interests, "Justice said. Isa had warned.
The petitioner also requested a restraining order against the CSJ until the elimination of this petition, since the references undermine the independence of the judiciary.
In his petition, Judge Isa not only refuted accusations of possession of property in the United Kingdom by his wife and children, but also attacked the SJC secretary, Arbab Muhammad Arif, who is also the secretary of the Supreme Court . when asked why lawyer Mirza Shahzad Akbar, president of the Asset Recovery Unit (ARU), and Zia-ul-Mustafa Nasim, the legal expert of ARU, performed bureaucracy functions when they were not civil servants.
"According to the petitioners' knowledge, these two gentlemen are not public officials; neither are they subject to confidentiality rules applicable to public officials," Judge Isa said, adding that those who are not serving Pakistan cannot have assigned functions. of the executive.
The petition also sought details on the political affiliation of the two gentlemen, especially with the ruling PTI or its coalition partners, and wondered if both had acted independently.
Who have these two gentlemen been employed for? What are the terms and conditions of employment of these two gentlemen? Do they both have Pakistani nationality or are they foreigners or do they have dual citizenship? What are the past and present political affiliations of the two gentlemen and what is the income statement, the estate tax status and the history of the two with supporting documents, before and during current employment? ”, I had requested the petition.
Posted on Dawn, September 13, 2019