SC to hear pleas challenging presidential reference against Isa today – Pakistan

ISLAMABAD: As a seven-judge Supreme Court bank will formally begin Tuesday (today) at a hearing on a set of petitions that challenge presidential references, the lawyer representing the petitioners may request that it constitute a full court composed of all The judges available.

The lawyers who advocate the case are also expected to question the presence of two judges in the seven-member SC bank who are said to be the direct beneficiaries in case the Supreme Judicial Council (SJC) that hears the presidential reference decides against Judge Qazi Faez Isa of The Court of the Cusp.

The bank headed by Judge Umar Ata Bandial consists of Judges Maqbool Baqar, Manzoor Ahmed Malik, Sardar Tariq Masood, Faisal Arab, Ijaz-ul-Ahsan and Mazhar Alam Khan Miankhel. The bank is busy with a series of petitions filed by Judge Isa himself, the Bar Association of the Supreme Court (SCBA), the Pakistan Bar Council (PBC), a joint petition by the eminent jurist Abid Hassan Minto and the activist of AI rights Rehman, the Sindh High Court Bar Association (SHCBA), the president of the Quetta Bar Association (QBA) Mohammad Asif Reki, the High Court Bar Association, Quetta, President Abdul Basit and the Sindh Bar Council (SBC).

The lawyer can search the entire court, question the presence of two judges in a seven-member bank

Former SCBA President Muneer A. Malik will represent Judge Isa, lead attorney Rasheed A. Razvi will appear on behalf of SHCBA, lead attorney Hamid Khan will argue for SCBA and Kamran Murtaza and Azam Nazeer Tarar will represent PBC.

The SJC procedures in the presidential references against Judge Isa and Judge K.K. Agha of the Sindh High Court has already been suspended since filing petitions in the apex court. Judge Sheikh Azmat Saeed, one of the five-member SJC judges, retired and was replaced by Judge Mushir Alam.

In addition to his previous petition against the presentation of the presidential reference against him, Judge Isa had submitted on August 26 a request for the formation of a full tribunal composed of all available judges of the apex court instead of the current bank of Seven judges He had argued that the entire court was necessary because the present case referred to a reference against the judge of the apex court and according to the precedent established in judge SC 2010 in the Iftikhar Mohammad Chaudhry case.

In his request, Judge Isa had said he was ready to face any reference if it was done in accordance with the law and property, but he regretted that he, his wife and children allegedly had been persecuted when the Holy Quran declared that the persecution was worse than death. The request had argued that the petitioner's wife and adult children were illegally monitored through intelligence devices and through the misuse of public funds.

The personal data, records and documents of the judge's wife and adult children were examined, examined, analyzed and analyzed, including the confidential record maintained by Nadra, the FIA, the Passport and Immigration Office, FBR and the Ministry of Interior, according to the request. Then, the information and the mismatched documents harvested were used to paint half-truths and gather a false reference when launching an insidious attack against the judge, he claimed.

The request also mentioned in detail the two meetings of the judge with the president of the court and said that he did not raise these issues simply to assert his fundamental rights, but also because something much more sinister was happening: the very destruction of the independence of the judiciary . the hands of an executive who had exceeded the prescribed constitutional limits.

The petition asked the Supreme Court to dismiss the presidential reference for the sole fact that the plaintiff could not establish the allegations made against the judge as found by the council.

Posted on Dawn, September 17, 2019

Source: https://www.dawn.com/news/1505658/sc-to-hear-pleas-challenging-presidential-reference-against-isa-today

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