2 judges recuse themselves from hearing Justice Isa’s petitions

ISLAMABAD: Two Supreme Court judges Justice Sardar Tariq Masood and Justice Ijazul Ahsan on Tuesday recused themselves from a seven-member larger bench, hearing petitions, challenging the presidential references filed against SC judge Justice Qazi Faez Isa.

Chief Justice of Pakistan Asif Saeed Khosa had formed the larger bench, headed by Justice Umar Ata Bandial and comprising Justice Maqbool Baqar, Justice Manzoor Ahmad Malik, Justice Sardar Tariq Masood, Justice Faisal Arab, Justice Ijaz Ul Ahsan, and Justice Mazhar Alam Khan Miankhel to hear the petitions filed by Justice Isa on Aug 26, seeking formation of a full court bench.

During the course of proceedings, Muneer A Malik, the counsel for Justice Isa, said two judges had a direct interest in the case against Justice Isa. He said any judge who had a personal stake in the case, should not be attached with it.

At that, Justice Bandial asked which judge could be biased? Malik responded he was not alleging any judge was biased.

Justice Bandial remarked he wanted to assure no judgevery judge performed their duty in accordance with the law and the Constitution.None of the judges of the court had an interest in the case, he added. He asked the counsel to further argue over the issue. Malik replied the judges who were to become chief justice in future, had a personal interest.

He said two judges, who were part of the bench, would potentially become chief justice in future and those two judges had a direct interest. He said: “As per code of conduct, a judge should not hear a case, if he has direct interest. I raise this argument to protect the institution.”

Malik referenced precedents set by Justice (retd) Ajmal Mian and Justice Falak Shair who recused themselves from hearing similar cases in the past. Justice Bandial remarked none of the judges was partial or biased and should not be treated as harbouring biases or self-interests.

He remarked a judge had the authority to step away from a bench and there were court verdicts which said no judge could be forced to distance himself from a case.Announcing his recusal, Justice Ijaz Ul Ahsan said the reservations against him were unfortunate and not justified but he was recusing himself to maintain the highest standard of fairness. Justice Ahsan noted he was obligated by oath to do right to all manner of people according to law without fear or favour and affection.

“I will not allow personal interest to influence my official conduct or my official decisions,” he said. “I have no doubt in my mind that I can uphold the oath of my office and the high ideals this office represents.”

Justice Sardar Tariq Masood remarked he had decided not to hear the case before Justice Isa requested his recusal. Later, Justice Bandial remarked some judges did not want to be part of the bench anymore and therefore, the matter would be sent to the chief justice and he would decide if a new bench should be formed or not.