SCBA questions bench minus dissenting judges

President Afridi tells SC it will deny right to a chance of decision being recalled or overturned in review

ISLAMABAD:

Supreme Court Bar Association (SCBA) President Lateef Afridi has contended before the apex court that hearing of review petitions in Justice Qazi Faez Isa case by a bench of judges lesser in number, and with the exclusion of three dissenting judges, invariably, gives rise to the perception that dissident judicial voices are being silenced.

"This naturally raises questions of transparency and impartiality, whether well-founded or ill-founded. Transparency and impartiality occupy a central place in the adjudicative arena,” the SCBA president adds to his written arguments submitted in the matter wherein the six-judge larger bench led by Justice Umar Ata Bandial already reserved judgment on the formation of a full court in the Justice Isa case.

The SCBA president stated that as the law stands, the court or the chief Justice has no discretion as far as the number of judges of the review bench is concerned because judgment/order of the majority is the judgment/order of the court.

Moreover, Afridi said that the chief justice of Pakistan did not have much discretion when the same judges are physically available and practice of the court is no different. However, if after reasonable efforts the presence of a judge/judges of the original bench cannot be ensured then exceptionally other judges could be made part of the review bench.

"Circumstances of every case might differ. However, in the present case all the judges are available except one Hon’ble judge who recently retired.”

Finally, in the case under examination, if the court did come to the conclusion that under the circumstances it has discretion, then that discretion in a case like this ought to be used where it “does most credit to the nation", the SCBA chairman added.

"This court must decide with respect to the exercise of its judicial discretion (if the fate of the constitution of the bench hinges on it) an answer to the question; ‘which conception does most credit to the nation?’”

SCBA president says that not making at least three dissenting judges part of the review bench is actually denying Justice Isa right of actually having a chance of the decision being recalled or overturned in the review.