Justice Isa case: SC says only CJP authorised to form full bench
Disposing of review petitions against Justice Qazi Faez Isa reference, the Supreme Court (SC) Monday forwarded the case to the Chief Justice of Pakistan (CJP) Justice Gulzar Ahmed, saying only he was authorised to form a bench on these petitions, reported 24NewsHD TV channel.
Justice Umar Bandial announced the apex court verdict, it had reserved on December 10, 2020, by five judges to one.
The court, in its order, directed the Registrar’s Office to forward the matter of formation of a new bench to the CJP.
The verdict reads usually the bench, which is to pronounce verdict in a certain case, disposes of review petitions against that case as well.
Justice Manzoor Ahmad Malik wrote the note of dissent.
Justice Isa himself, his wife Serena Isa and several bar councils had filed review petitions against the reference.
They all had also requested for the formation of a full bench rather than a mere six-member bench.
The Supreme Court of Pakistan (SCP), on October 23, 2020, had issued the detailed verdict in Justice Qazi Faez Isa case and declared presidential reference sent against apex court judge as unconstitutional.
Earlier, on June 19, the SC had dismissed the presidential reference against Justice Qazi Faez Isa after declaring it ‘invalid’.
The detailed verdict released by the apex court nullified the presidential reference against Justice Isa and termed the reference a violation of the law and the Constitution.
Though the apex court found glaring lapses and procedural irregularities in the filing of the reference, it ruled that there was no ill intent behind the filing of the reference on the part of the president and prime minister.
Similarly, Justice Qazi Faez Isa of the Supreme Court on December 4, 2020, had submitted a petition seeking additional review of the ruling on the presidential reference filed against him.
According to the petition, Justice Faez Isa has requested that an order be passed for the hearing of the petition to be broadcast live on television. Government officials launched a "propaganda campaign" against him and his family, the judge claimed.
He demanded that Justice Maqbool Baqar, Justice Mansoor Ali Shah and Justice Yahya Afridi also be made part of the bench to hear the petition and that his petition be declared admissible in Justice Afridi's ruling. Paragraphs 2 to 11 of June 19, 2020, the ruling should be reviewed and withdrawn, he demanded.
In his petition, Justice Isa expressed concern that a report by the Federal Board of Revenue (FBR) may affect him and Sarina Isa. The FBR report was leaked to the media for misleading propaganda, the judge alleged.
Justice Isa said the "independence of the judiciary was handed over to the executive" via the June 19, 2020, ruling, which he said was against the Constitution of Pakistan. He said in his petition the PTI and its coalition partner, the MQM, had demanded his removal from office following the Faizabad sit-in case.
The reason former Chief Justice Asif Saeed Khosa informed Justice Isa about the reference was to obtain his resignation, he further claimed.