Justice Isa's petition hearing adjourned until June 11

ISLAMABAD: The Supreme Court has adjourned the hearing of Justice Qazi Faez Isa’s petition, against a presidential reference, until June 11 due to non-availability one member of the bench.

A 10-justice full court headed by Justice Umar Ata Bandial did not assemble to hear the case on Monday.

Later a court staff member announced that the case was adjourned until June 11, as one member of the bench quarantined himself and retested for Covid-19.

The member took the precautionary step after his driver tested positive for the virus.

The apex court is seized with nine petitions moved by Justice Isa, the Supreme Court Bar Association (SCBA), the Pakistan Bar Council (PBC), Abid Hasan Minto, Abdul Basit, who heads the High Court Bar Association, Quetta, Muhammad Asif Reki, the President of Quetta Bar Association, the Sindh High Court Bar Association, the Balochistan Bar Council and the Sindh Bar Council.

Justice Isa is currently facing a misconduct reference filed by the president against him in the Supreme Judicial Council.

Final arguments are presented in the case, with the federal government’s attorney facing a tough time in the court.



Timing is very significant in the case as summer vacations are going to start from the third week of June and will run through September.

A senior government official believes that if the court resumes the hearing on Thursday, then the proceedings will be concluded before the summer vacations.

On the other hand, petitioner bars want the conclusion of the proceedings before the start of vacations. Pakistan Bar Council Vice Chairman Abid Saqi ruled out the possibly that the government would convince any judge to dismiss the Justice Isa petition.

A debate has started among lawyers as to who will get the benefit due to a delay of a couple of months in the proceedings. It is unlikely that the government counsel, Dr Farogh Naseem, will try to conclude the case early; otherwise, he cannot take oath as law minister again.

Senior lawyers, however, believe that a delay by a couple of months will raise doubts on the apex court.

A PTI lawyer on the other hand admits that the scenario of long adjournment is best suited for the federal government that seemed to struggle in defending the presidential reference while presenting the arguments during the proceedings held last week.

A section within the federal government has started advocating the idea of withdrawing the presidential reference against Justice Isa to avoid any “dreadful consequences”.

Sources said Attorney General for Pakistan Khalid Javed Khan was not hopeful about the reference’s sustainability in view of the judges’ observations.

The AGP conveys his opinion to the relevant quarters, especially the prime minister, after each hearing of the case.

However, a federal cabinet member told The Express Tribune that there were no chances of withdrawing the reference.

“Prime Minister Imran Khan is insisting that if he could provide the money trail of his London flat, then should an SC judge be spared,” he revealed. “The prime minister is not concerned about the consequences in case the presidential reference is quashed.”

Senior PTI lawyers believe that the government’s legal team is not conveying the gravity of the situation to the premier and relevant quarters. He, however, stated that they are not satisfied with legal team performance.

Another lawyer has already recommended the federal government to withdraw the reference now on the grounds that the matter had been referred to the FBR. If the revenue body finds anything against judge and his family, the government will have the option to file a fresh reference against him. That will be a win-win situation for both, petitioner judge and the federal government, he adds.