Larger bench to take up Justice Isa’s petition on 17th

ISLAMABAD: The Supreme Court (SC) will take up on September 17, the constitutional petition filed by senior Judge of the Supreme Court, Justice Qazi Faez Isa, challenging the presidential reference filed against him for allegedly having foreign property without disclosing it in his wealth statements.

Chief Justice (CJP) Asif Saeed Khosa on Friday constituted a seven-member larger bench to hear Justice Qazi Faez Isa’s petition over presidential references against him. The larger bench, headed by Justice Umar Ata Bandial, will hear the case on September 17.

Other members of the bench include Justice Maqbool Baqar, Justice Manzoor Ahmad Malik, Justice Sardar Tariq Masood, Justice Faisal Arab, Justice Ijazul Ahsan and Justice Mazhar Alam Khan Miankhel.

President Arif Alvi had filed references in the Supreme Judicial Council (SJC), a constitutional forum established under 209 of the constitution for the accountability of judges of the superior courts for misconduct.

The presidential references were filed against Justice Qazi Faez Isa of the Supreme Court and Justice KK Agha of Sindh High Court alleging that they owned properties in London but they did not disclose it in their wealth returns.

justice Qazi Faez Isa had already rejected the allegations levelled against him in the presidential reference. Similarly, last month Justice Qazi Faez Isa had challenged before the Supreme Court, the presidential reference filed against him.

In his petition, Justice Isa had prayed to declare that Presidential Reference and the complaint seeking his removal are mala fide, filed with malice aforethought, filed for ulterior motives and to achieve a collateral purpose and therefore are not maintainable and liable to be dismissed.

Similarly, he had also prayed to declare that in camera proceedings of the Supreme Judicial Council in the context of this case are without lawful authority and in breach of fundamental rights.

Later on, Justice Isa filed another application in the Supreme Court, requesting the apex court to fix his constitutional petition along with all pending applications before the full-court comprising of all the eligible judges of the apex court.

Justice Isa had filed a Civil Miscellaneous Application (CMA) under Order XI read with Order XXXIII Rule 6 of the Supreme Court Rules, 1980 praying for fixing his constitutional petition along with all pending applications before the full-court comprising of all the eligible judges of the apex court.

He had prayed the apex court to declare that the present Chairman (Chief Justice Asif Saeed Khan Khosa) and Members of the Supreme Judicial Council are no longer competent to hear the presidential reference against him on account of the bias shown against him demonstrable form the order disposing of Reference of Waheed Shahzad Butt.

Similarly, apart from Justice Isa different superior bars including Supreme Court Bar Association (SCBA) and Pakistan Bar Council (PBC) had challenged the references filed against Justice Isa, contending that the references are motivated by the judge’s verdict in the Faizabad sit-in case.