![\"\"](\"http:\/\/umang.pk\/wp-content\/uploads\/2019\/10\/Justice-Isa-case-Full-bench-dissolved-due-to-non-availability-of.jpg\" "\\"\\"")
<\/p>\n<\/p>\n
The Supreme Court postponed on Monday hearing a series of petitions challenging the presidential reference against Judge Qazi Faez Isa because Judge Mazhar Alam Khan Miankhel was not available today.<\/p>\n
According to a court order, the hearing will resume on October 28. The court order said: "One of the members of this bank, Judge Mazhar Alam Khan Miankhel, has died in his family and is not available today to hear about a partially heard constitutional petition."<\/p>\n
"In these circumstances, the hearing of that petition cannot continue today. However, we are informed that Judge Miankhel will resume his duties next week. Consequently, that petition along with the related matters was postponed until October 28." .<\/p>\n
Early in the day, the entire bank of 10 members of the court was dissolved due to the lack of availability of the judge.<\/p>\n
Judge Umar Ata Bandial, who headed the bank, had previously said when the judges congregated that the bank had dissolved due to the lack of availability of Judge Miankhel. <\/p>\n
"The issue of setting up a new bank is being sent to the president of the court," Judge Bandial had said.<\/p>\n
Judge Isa's lawyer, Munir A. Malik, had again requested that a full bank be formed in court to hear the case, to which Judge Bandial reminded him that it is up to the president of the court to set up a bank as he sees fit. .<\/p>\n
Initially, a seven-member bank was set up to hear the petitions, but, after the challenge of Judge Sardar Tariq Masood and Judge Ijazul Ahsan, a request was sent to the president of the court to reconstitute a bank to hear the case. The superior judge had constituted the current 10-member bank. <\/p>\n
Members of the Pakistan Bar Council (PBC) expressed reservations about the previous development, saying that "they cannot see justice being done."<\/p>\n
Speaking to the media after the court proceedings, PBC lawyers said the bank had dissolved due to the absence of a judge. They added that there was no reason to reconstitute the bank, since, according to an order of the Supreme Court, a bank that begins to hear a petition must hear the whole case. <\/p>\n
They said that all the petitioners were present in court and no one had expressed reservations about the current bank. The lawyers had announced that they would raise objections about the bank that would be set up next.<\/p>\n
"[We] I do not understand the urgency [being shown] in this case, "said lead attorney Ali Ahmed Kurd out of court.<\/p>\n
Another senior lawyer, Hamid Khan, said the process can wait if a judge is not available. He added that the 10-member bank had already been formed and the president of the court "does not have the authority" to set up another bank. <\/p>\n
"If this happens, it will be an unconstitutional step," Khan said.<\/p>\n
The former president of the Supreme Court Bar Association, Rasheed Rizvi, while speaking with journalists, said: "From the first day, it seems that these judges cannot wait to issue a verdict within two hours. Do they want to issue a verdict? before someone's retirement?<\/p>\n
"There is a trial [which says] that once a bank is formed, it cannot be dissolved. The conduct of these judges clearly shows that there will be no justice, "he said. <\/p>\n
PBC Vice President Amjad Ali Shah said that all the petitioners who filed appeals regarding the presidential references against Judge Isa were present today in court for the hearing, but the bank was dissolved due to the absence of a judge. <\/p>\n
"We will have objections to any other bank except this one," he said. "We want this bank to hear the case. [It] have [already] held two hearings, "he said. <\/p>\n<\/p><\/div>\n<\/pre>\n<\/pre>\n
Source: https:\/\/www.dawn.com\/news\/1512120\/justice-isa-case-full-bench-defers-hearing-due-to-non-availability-of-justice-mazhar-alam<\/p>\n","protected":false},"excerpt":{"rendered":"
The Supreme Court postponed on Monday hearing a series of petitions challenging the presidential reference against Judge Qazi Faez Isa because Judge Mazhar Alam Khan Miankhel was not available today. According to a court order, the hearing will resume on October 28. The court order said: "One of the members of this bank, Judge Mazhar […]<\/p>\n","protected":false},"author":1,"featured_media":9463,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[11828],"tags":[],"class_list":["post-9467","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-pakistan"],"_links":{"self":[{"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/posts\/9467","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/comments?post=9467"}],"version-history":[{"count":0,"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/posts\/9467\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/umang.pk\/en_us\/wp-json\/"}],"wp:attachment":[{"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/media?parent=9467"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/categories?post=9467"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/tags?post=9467"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}