Justice Qazi Faez Isa’s counsel tries to malign Hon. Supreme Court judges

Muneer A. Malik the counsel of “Justice Qazi Faez Isa” today for his client’s personal interest attempted to falsely allege some honourable judges of the seven – member bench of Supreme Court being biased and having personal interests.

The current seven-member bench is headed by Justice Umar Ata Bandial and comprising of Justices Maqbool Baqar, Justice Manzoor Ahmed Malik, Justice Masood, Justice Faisal Arab, Justice Ahsan and Justice Mazhar Alam Khan Miankhel which was tasked hearing several similar / related petitions challenging the presidential reference against “Justice Qazi Faez Isa”.

Honorable Justices Ijaz-ul-Ahsan and Sardar Tariq Masood left the seven-member bench when these unwarranted allegations being an attempt to malign the senior most justices of the country were non-professionally and immaturely put forward by the counsel of Justice Qazi Faez Isa.

The seven-member bench then decided to send the matter of forming a new bench to hear the presidential reference against “Justice Qazi Faez Isa” to the chief justice – who will decide to constitute a new bench or let the same to decide the matters.

Muneer A. Malik during his arguments alleged that two judges had a “direct interest” in the case against his client – earlier also he had requested the Supreme Court to form a full court bench of “capable judges”, who are not members of the Supreme Judicial Council (SJC), to hear his client’s petition.

Justice Bandial, in his remarks, said that some judges did not want to be part of the bench anymore and therefore, the matter will be sent to Chief Justice Asif Saeed Khosa who will decide if a new bench should be formed or not.

“Any judge who has a personal stake in this case should not be attached with it,” Malik said earlier today as the bench took up the petition filed by Justice Isa on Aug 26 seeking formation of a full court bench. “Judges whose interests are vested in this case should not be a part of this bench.”

At this, Justice Bandial asked: “Which judge can be biased?”

“I am not saying that any judge is biased,” Malik replied.

“I want to assure you that none of the judges of this court are biased,” Justice Bandial said.

“Every judge of this court performs their duty in accordance with the law and the Constitution. None of the judges of this court have an interest in this case. By saying that [any] judge is biased, you are going in the wrong direction.”

“We want to hear more arguments over the bias of [judges],” Justice Bandial said.

“The judges who are to become chief justice [in future] have a personal interest,” Malik said, adding: “Two judges, who are part of this bench, will potentially become chief justice [in future]. Those two judges have a direct interest.”

Malik argued that a judge “should not hear [a case] as per code of conduct, if he has a direct interest”. “This argument has been raised to protect the institution,” he said.

Justice Bandial cautioned against “raising this objection in the beginning of the proceedings”, adding: “This objection will also hurt people’s confidence in the judiciary.”

“A judge has the authority to step away from a bench. There are court verdicts which say that no judge can be forced to distance himself from a case,” Justice Bandial said. “The judges have heard your point of view. They will take a decision themselves.”

Background of Reference against Justice Isa

A reference had been filed in May this year against “Justice Qazi Faez Isa” alleging the judge of concealing his properties in the United Kingdom, allegedly held in the name of his wife and children