ISLAMABAD: A five-member Constitutional Bench of the Supreme Court headed by Justice Muhammad Ali Mazhar resumed the hearing of judges transfer and seniority case.
Lawyer Hamid Khan resumed his arguments from the previous hearing. He said that the process of judges’ transfer summaries was completed in a single day.
Justice Shakeel Ahmed asked, “Is there any restriction in the constitution and law on completing the process in a single day?” Hamid Khan responded, “It is said that files are put on wheels, in judges’ transfer case, files were put on rockets. In Shaukat Siddiqui case, the entire process was completed in a single day too.”
He added that the motives for such haste are different. “The acting Chief Justice of Balochistan High Court gave his consent and the approval from the Chief Justice of Pakistan (CJP) was the last one taken,” Hamid Khan said.
He informed the court that in the summary prepared on February 1, oath-taking and seniority were mentioned for the first time.
Justice Mazhar said that the court wishes for Hamid Khan to complete his arguments today. In response, Hamid Khan said, “It is difficult to work after 2 PM at this age. I will complete my arguments tomorrow.”
Then Justice Mazhar said, “The whole discussion is about a single judge. The rest of the judges have not impacted anyone’s seniority, so no one is talking about them.”
Hamid Khan replied that he will also submit his written formulations tomorrow.
After Hamid Khan, the lawyer of Sunni Ittehad Council (SIC) Faisal Siddiqui came to the rostrum.
“For me, all judges are respectable,” he said, adding, “I have no question about the dignity of any member of the bench. I have constitutional and legal objections to the formation of an 11-member bench.”
Justice Aminuddin Khan said, “Let me clarify that both judges themselves separated from the bench. An 11-member bench has been formed on the wish of two members.”
The counsel answered that the number of judges must be the same for review. Justice Aminuddin said, “There was a 13-member bench here, two of them separated themselves.” Justice Musarrat Hilali added, “Two members decided not to give notice themselves. Why are you trying to convince us [otherwise]?”
“What is left to question after the judges’ own objection?” Justice Hilali added.
“All the judges who were available in the constitutional bench were included in this bench,” Justice Muhammad Ali Mazhar said, adding that two judges voluntarily separated themselves from the bench. After that, all the judges who were available are now included in this bench, he remarked.
Justice Mazhar also said that when the practice and procedure was challenged, the full court was sitting. “So at that time the question was if all these judges are hearing, then who will hear the appeal against their decision?”
He continued, “So all the judges had given their opinions in it. Suppose if two more judges are added to the constitutional bench, then the total number of judges in the constitutional bench is 15 and there will be 13 judges in this bench. If two of these 13 judges recuse themselves from the bench again, then what will the remaining 11 judges do?”
“This 11-member bench has been formed with the will of these two recusing judges. You should not only object but also tell us the solution,” Justice Mazhar said to the counsel.
In response, lawyer Faisal Siddiqui said that the court should adjourn the case hearing and send the case back to the Judicial Commission of Pakistan (JCP). “The JCP should add two more judges to the constitutional bench,” he added.
Justice Mazhar asked, “What will be the status of the two judges who have dismissed this petition? Will those judges sit again, and if those two judges sit, can they review their decision again?”
The counsel answered, “Yes, of course, if those two judges sit again, they can review their decision.”
Justice Mazhar said that what will those two judges do now, since both of them have given their verdict. To this the SIC counsel reiterated that revision is always heard by the bench that heard the main case.
“After the 26th Constitutional Amendment, a smaller bench can also hear the revision case,” Justice Aminuddin said, adding that after the amendment, the decision of a 13-member bench can now be heard by an eight-member or nine-member constitutional bench as well.
Afterwards the bench adjourned the hearing until 9:30 AM tomorrow.
Also read: Transfer of judges case is of ‘bad faith’, says Hamid Khan