The Supreme Court has admitted Justice Qazi Faez Isa’s petition challenging two references against him for preliminary hearing.
The first reference is regarding concealing asset details in his wealth statement while the other is for writing letters to the president of Pakistan.
The SC registrar office did not raise any objection and allotted a number to Justice Isa’s constitution petition.
A larger bench will likely hear his petition after Eid.
Three senior-most judges, who are part of the Supreme Judicial Council, will not be included in the larger bench. However, under the Supreme Court Rules 1980, it is discretion of the chief justice of Pakistan to select judges for the larger bench to adjudicate the matter.
Justice Mushir Alam is number one in seniority after the Supreme Judicial Council (SJC) members. However, he will be a part of the council after Justice Sheikh Azmat Saeed’s retirement on August 27. After Justice Alam, Justice Umar Ata Bandial and Justice Maqbool Baqar are in the seniority list.
After former chief justice Iftikhar Muhammad Chaudhry, it’s for the first time that the SJC is examining a reference against any SC judge.
A senior lawyer said full court minus the SJC members and two judges who would benefit from Justice Isa’s removal should not be a part of the larger bench.
A larger bench would decide the maintainability of his plea and later notices might be issued to the respondents. Justice Isa made 13 respondents in his petition.
