Justice Qazi Faez Isa appointment: Petitioner approaches court to adjourn hearing

Lawyer says he is out of the city and will not be able to attend the hearing tomorrow

ISLAMABAD: A lawyer who has challenged Justice Qazi Faez Isa’s appointment as a Supreme Court judge has approached the court to adjourn today’s (Wednesday) hearing.

The SC three-judge bench, headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar, was to take up Riaz Hanif Rahi’s petition against the appointment of Justice Isa today. However, the petitioner has requested the court to adjourn the case, as he is tending his ailing father.



According to the application, Rahi received a call that his father is seriously ill.  He said he would not be available in Islamabad due to his father’s treatment and requested the SC to adjourn the hearing ‘in the interest of justice’.

Earlier, rejecting objections of the registrar office, the apex court had entertained Rahi’s constitutional petition against the appointment of Justice Isa, a sitting Supreme Court judge.

“After hearing the appellant in person, the office objection is overruled. Let the constitutional petition be numbered and fixed before the court whereby the question of maintainability shall be decided,” said the CJP in his written order after hearing an appeal on March 12 against the registrar office’s objections.

Two years ago, Rahi had filed a constitutional petition challenging appointment of Justice Isa as the SC judge well as his appointment as the Balochistan High Court’s chief justice in August 2009.

The petitioner had nominated as respondents the federal government, Justice Isa, Balochistan former chief minister Aslam Raisani, Balochistan Assembly former speaker Aslam Bhootani, and former governor Nawab Zulfiqar.



However, the SC registrar’s office returned the petition after raising three objections. Interestingly, at that time, the office had observed that, prima facie, the petition appeared to be a frivolous one within the contemplation of Order XVII Rule 5 of the Supreme Court Rules 1980.

The registrar office had also objected that the petitioner did not approach the proper forum as his petition did not fall under the purview of Article 184 (3) of the Constitution.

The petition contended that the appointments of Justice Isa as the SC judge and BHC chief justice were illegal on many grounds. It claimed that the then CM’s advice was not sought by the acting governor and that he was incompetent to forward the name of the judge as the BHC chief justice.

Three provincial bar associations have expressed serious concern over the fixation of case.