ISLAMABAD (Dunya News) – Chief Justice Qazi Faez Isa on Wednesday rejected the PTI's objection to the formation of the bench hearing review petition of the Article 63-A case.
Earlier, the hearing turned sour when there was a bitter exchange between PTI's Syed Mustafin Kazmi and the chief justice.
As PTI’s Barrister Ali Zafar came to the rostrum, his fellow counsel Kazmi followed him and objected to two judges – Justice Naeem Afghan and Justice Mazhar Alam – on the reconstituted bench.
The chief justice expressed his anger and called police to oust Advocate Kazmi from the courtroom.
When the hearing resumed, Barrister Ali also objected to the formation of the CJP-led bench.
The bench took into account his objection during the proceedings and “unanimously” rejected the objection.
Barrister Ali submitted that he filed the review application late due to which it was not fixed for hearing. Chief Justice Isa asked him when the application was filed; you must have filed it in the morning?
Barrister Ali replied that he filed the application but the office of the Supreme Court did not approve it.
He said he needed time to present arguments. He has to consult PTI founder Imran Khan on the case.
He submitted that you [the CJP] said it is a constitutional matter. "Imran Khan is a former prime minister and is also a petitioner, he understands the constitution and he knows what to say. Consult him on the matter."
The chief justice asked him to start arguments, and Barrister Ali said that means “you are rejecting my request to meet Imran Khan.”
Justice Naeem Afghan said you could have met him yesterday, to which Ali said the PTI founder is in jail.
The chief justice said that if he had to consult the PTI founder, he would have told him yesterday and the court would have issued an order. In the past, the court had called the PTI founder on video link, and had arranged a meeting with the lawyers.
Barrister Ali again raised question on the bench and said that first it should be decided whether the bench is legal or not. “After that, I can give arguments.”
The court rejected his objection regarding the formation of the bench.
Ali said the members of the committee are part of the bench. How can they themselves declare the formation of the bench as legal?
The chief justice remarked that in this situation, the members of the judges committee cannot be a part of any bench.
Barrister Ali argued that Justice Munib was not part of the bench on Sept 30. The bench should not have conducted proceedings in the absence of Justice Munib.
The barrister said he was not arguing about the legality of the ordinance. He argued that the bench was not constituted in accordance with this law. The law says that a three-member committee will constitute a bench. As per the law, the benches should be formed by majority vote. There is no provision in the law for two members of the committee to form a bench.
Barrister Ali said Justice Mansoor Ali Shah did not attend the committee meeting and instead wrote a letter. I would like to read the letter, on which the chief justice asked him to read only the relevant paragraph.
The CJP said if you read that letter, you would also read the reply. Do you want to embarrass the judges?
Barrister Ali Zafar said that Justice Mansoor Ali Shah talked about the full court on the amendment ordinance. Justice Shah also referred to you when you were a senior judge, you restricted yourself to chamber work.
The chief justice remarked that can we abolish a law by calling a full court meeting? “In my view, what my colleague wrote was not within the scope of the Constitution and the law. If I stop sitting in the meeting, will the Supreme Court will be closed.”
The chief justice said that “Mr Ali Zafar, you cannot choose the judges. Such a behaviour is detrimental.
"Have there been benches formed in the past on a seniority basis. Why didn’t you try to be transparent in the bar affairs?"
CJP Isa remarked that “we are the builders of Pakistan. We have heard the cases that no one wanted to hear; we also heard the case of Pervez Musharraf.”
Justice Mandokhail remarked that he was a part of the bench in the 63-A case. Should he refuse to sit in the revision bench? Will it not be a violation of oath?
Chief Justice Isa said he tried to include the same judges in the bench. He cannot force anyone to join the bench.
Later, the chief justice accepted Barrister Ali’s request to allow him a meeting with the PTI founder and directed the additional attorney general to make arrangements for the meeting and adjourned the hearing till 11:30am on Thursday.