SC reserves judgment on formation of bench in review petition against full court verdict in presidential reference against Justice Qazi Faez Isa

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SC reserves judgment on formation of bench in review petition against full court verdict in presidential reference against Justice Qazi Faez Isa

ISLAMABAD, Dec 10 (Online): Supreme Court (SC) has reserved judgment on formation of bench in review petition against full court verdict in presidential reference against Justice Qazi Faez Isa.
A 6-member bench of SC presided over by justice Umar Ata Bandial took up the case for hearing Thursday.

During the hearing of the case, Munir A Malik, counsel for Justice Qazi Faez Isa read out the dissenting note of Justice Durrab Patel in Zulfiqar Ali Bhutto case on the order of court.

Munir A Malik argued instances of hearing of review case by central bench are there. A bench which has given decision of central case can only hear the review case. Non availability of judges is a separate issue. But strength of the judges should be complete. If it is not impossible then the same bench should hear the review case. The number of judges should not be less or more.

Serina Isa spouse of Justice Qazi Faez Isa said “ I accept the powers for constituting bench rest with the Chief Justice of Pakistan (CJP) but in this case he is respondent as well. I again regret if the statement recorded by her during previous hearing has irked judges. As per law all the judges who were included in original case should be included in the bench.

She further said “ I was not a party in central case. Transcript of the case be provided to me.

Advocate on record told the court Latif Afridi is admitted into hospital.

Senior counsels Rashid A Rizvi and Hamid Khan also agreed with the arguments of Munir A Malik.

Hamid Khan took the plea all the available judges who had given decision should sit in the bench.

Rashid Rizvi advocate said this full court should be allowed to give opinion on Justice Durrab Patel opinion .

Justice Umar Ata Bandial remarked in review case Justice Durrab Patel while avoiding to give opinion with reference to objections pertaining to the bench wrote for constituting the bench as per judicial traditions and dignity. It will be better that Ms Isa should consult the counsels who are assisting her. If she deems it proper then court can ask a competent lawyer to assist her.

Justice Munib Akhtar remarked “we are not talking on a special case but we are talking on principles. If inclusion of judge is must then it is must be too in all cases.

The court directed Serina Qazi to approach registrar office for obtaining record and Latif Afridi to file his arguments in writing within a week.

The court while reserving the judgment on the matter of formation of bench maintained the decision will be announced on appropriate time keeping in view the arguments of counsels of all the parties.

The hearing of the case was adjourned for indefinite period.

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