The Supreme Court on Monday retracted its verbal observation of dissolving the 10-member full bench hearing the petitions challenging the presidential reference against Justice Qazi Faez Isa, and decided that the same bench will continue its hearing, media reports said.
Earlier, the full bench hearing a set of petitions against Justice Isa was dissolved after one of the judges became unavailable. Justice Umar Ata Bandial, who was heading the bench, said the bench had been dissolved due to the non-availability of Justice Mazhar Alam Miankhel. “The matter of constituting a new bench is being sent to the chief justice,” Justice Bandial said.
Justice Isa’s counsel, Munir A Malik, however requested that a full court bench be formed to hear the case, to which Justice Bandial reminded him that it is up to the chief justice to constitute a bench however he sees fit. However, it is learnt that the apex court in its written order maintained that Justice Mazhar will resume his duties from the next week and Justice Isa’s petition will remain adjourned till October 28. Members of the Pakistan Bar Council (PBC) had expressed reservations over the earlier development, saying that they “cannot see justice being delivered.” They said that all the petitioners were present in the court and no one had expressed reservations over the current bench. The lawyers had announced that they would raise objections over the bench that will be constituted next.
