ISLAMABAD: The lawyer for Justice Qazi Faez Isa in his appeal in the Supreme Court against the presidential reference has requested for adjournment of the full court hearing for another date, citing medical condition of the lead counsel, Muneer A Malik.
Muhammad Kassim Mirjet, advocate-on-record, informed the court through an application for adjournment that Malik suffered a heart attack on September 18, after which “two stents were inserted in his arteries”.
Mirjet further informed the court that doctors have advised Malik a two weeks rest and his application for a general adjournment till October 4 had been accepted by the chief justice but that adjournment would not apply to matters fixed before the court.
A 10-member full court will hear Justice Isa’s petition against the presidential reference against him on Tuesday (today). Justice Umar Ata Bandial will head the full court. The other judges include Justice Maqbool Baqar, Justice Manzoor Ahmad Malik, Justice Faisal Arab, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah, Justice Syed Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi and Justice Qazi Muhammad Amin Ahmad.
The application is moved after the Chief Justice Asif Saeed Khosa refused to grant an adjournment to Justice Qazi Faez Isa’s counsel in the full court hearing.
In response to his application, the Supreme Court Registrar’s office wrote a letter to Malik last week, saying that “his application has been allowed with subject to the condition that this general adjournment will not apply to date by court cases as well as cases fixed before larger/special bench if constituted during this period.”
“Although the said general adjournment does not cover date by court matters and matters fixed before a full court/larger benches, nevertheless, given the medical circumstance, it is most humbly prayed that this Hon’ble court may be pleased to adjourn the matter to any further convenient date,” Mirjet said.
Mirjet also mentioned in his application that one of the members of the full court, Justice Syed Mansoor Ali Shah, was travelling to South Africa to attend the International Organisation for Judicial Training Conference next week.
“Due to his [Justice Syed Mansoor Ali Shah]absence from Pakistan till 28.10.2019 and it may, in any event, be considered appropriate to adjourn the matter till he is available to join the same,” Mirjet’s application read.