Bench hearing pleas challenging reference against Justice Isa disbanded

ISLAMABAD: A larger bench constituted for hearing the constitutional petitions challenging the presidential reference filed against Senior Judge of the Supreme Court of Pakistan Justice Qazi Faez Isa on Tuesday disbanded after two of its members Justice Sardar Tariq Masood and Justice Ijazul Ahsen recused themselves from the bench.

A seven-member bench of the apex court headed by Justice Umar Ata Bandyal and comprising Justice Maqbool Baqar, Justice Manzoor Ahmad Malik, Justice Sardar Tariq Masood, Justice Faisal Arab, Justice Ijazul Ahsan and Justice Mazhar Alam Khan Miankhel took up the preliminary hearing on the petitions challenging the presidential references filed against Justice Qazi Faez Isa and Justice KK Agha of the Sindh High Court.

The two judges recused themselves from the bench after Munir A Malik, counsel for Justice Qazi Faez Isa, sought their recusal as well as constitution of a full court of capable judges who are not members of the Supreme Judicial Council to hear his client’s petition. He submitted that his client had raised some sensitive issues in his petition, hence a full court of capable judges, who are not members of the Supreme Judicial Council, should be constituted to hear his client’s petition.

After the two judges recused themselves from the bench, Justice Umar Ata Bandyal heading the larger bench said as some of their colleagues don’t want to be part of the bench, hence the matter is being referred to the chief justice of Pakistan for reconstitution of the bench in the instant matter.

“We would request the chief justice of Pakistan to fix the matter possibly for next week,” Justice Bandyal said. When asked about the date, Justice Bandyal replied that they are not sure of the date but said let the chief justice decide it.

Meanwhile, Justice Sardar Tariq Masood said he had already made up his mind not to be part of this bench, adding that he was not recusing himself in lieu of the objections raised by the petitioner. The judge said if the instant petition is rejected, the matter will ultimately go back to the Supreme Judicial Council.

Meanwhile, Justice Ijazul Ahsen who recused himself from the bench, said he also wants to say something. Reading out a written statement, Justice Ijazul Ahsen said: “The oath of my office obligates me in all circumstances to do right to all manners of people according to the law without fear or favour or ill will and that I will not allow personal interest to influence my official conduct or my official decisions.” “I have no doubt in my mind that I can uphold the oath of my office and the high ideals this office represents”, Justice Ahsen maintained.

However, Justice Ahsen said that in view of the reservations unfortunately expressed on behalf of the petitioner who is a brother judge of this court, which are neither justified nor have any basis whatsoever in fact, he does not consider it appropriate to hear these petitions, lest there be the remotest possibility of entertaining even a notional element of bias or partiality on his part at the back of the petitioner’s mind.

“Therefore, keeping in view the best traditions and practice of this court for adherence to the rule of law and the highest standards of transparency, impartiality and propriety and in line with my own moral values, I do not consider it in the fitness of things to sit in this bench,” Justice Ahsen concluded.

Munir A Malik submitted that he has confidence in both the judges who wish to recuse themselves from the bench. Apart from Justice Qazi Faez Isa, various bar associations and bar councils have also challenged the presidential references filed against Justice Qazi Faez Isa of the Supreme Court and Justice KK Agha of the Sindh High Court, alleging that they owned properties in London but did not disclose them in their wealth statements. They are Supreme Court Bar Association (SCBA), Pakistan Bar Council (PBC), Sindh High Court Bar Association, Quetta Bar Association, Balochistan Bar Council, Balochistan High Court Bar Association, Sindh Bar Council through former Chairman Senate and lawyer Raza Rabbani as well as a joint petition filed by advocate Abid Hassan Manto and I.A.Rehman.

On Monday, during the course of hearing, the petitioners along with their respective counsel were present in the courtroom. Prominent lawyers including Hamid Khan, Rashid A Rizvi, Hamid Khan, former chairman Senate Raza Rabbani, Sheikh Ahsenuddin, Vice Chairman Pakistan Bar Council Syed Amjad Shah, Amanullah Kanrani, Kamran Murtaza as well as Babar Sattar, who is one of the lead members of the panel of lawyers with Munir A Malik, were present on the occasion. Likewise, in absence of Attorney General Anwar Mansoor Ali Khan, Sohail Mahmood and Sajid Ilyas Bhatti, deputy attorney generals, were present in the courtroom.

Commencing his arguments, Munir A Malik, counsel for Justice Qazi Faez Isa, submitted they have great respect for the integrity and independence of the judiciary. He contended that his submission on the eligibility of the judges to hear the instant petition is on two points, one that a full court should be constituted of capable judges who are not the members of the Supreme Judicial Council (SJC) and secondly the principle of recusal must be respected, saying some of the judges who could be beneficiary should recuse themselves from the bench.