PTI wants CJ Isa to recuse from bench

ISLAMABAD:

The PTI finds it hard to show trust in the integrity of Chief Justice of Pakistan (CJ) Qazi Faez Isa as it is likely to file a plea in the Supreme Court seeking his recusal from hearing the Punjab election tribunal case.

A senior PTI lawyer told The Express Tribune that PTI candidates, who are party in election tribunals matter, are likely to submit the written application in the Supreme Court, seeking CJ Isa's recusal from the larger bench during the hearing on Monday.

He said that two advocates on records (AORs) have refused to submit the application in SC's institution, adding, "We are trying hard to find a way for the submission of the application before the larger bench's hearing."

The lawyer also revealed that PTI chief Imran Khan's application to the three judges committee for the same purpose has yet to be received, requesting the panel not to include CJ Isa in matters related to him, his family and PTI.

However, the law stipulates a judge to decide himself about his recusal on the ground of biasness.

It has been observed that the PTI fails to have a consistent policy on CJ Qazi Faez Isa, who is hearing various cases about the party and its leaders.

Earlier, PTI lawyer Niazullah Niazi had raised objections on CJ Isa for leading a bench to hear the Election Commission of Pakistan (ECP) petition against the Lahore High Court judgment regarding the appointment of election tribunals. However, another PTI counsel Salman Akram Raja did not endorse Niazi's viewpoint.

CJ Isa was visibly annoyed with Niazi's objections and warned that he would refer the lawyer's case to the Pakistan Bar Council (PBC) for disciplinary action. "This scandalising must stop. Enough is enough," remarked CJ Isa.

This is not the first time a contradiction has been observed in the PTI's policy on the judge. The PTI core committee had decided to object to CJ Isa's presence on the bench hearing the reserved seats case. Evem, PTI leader Raoof Hasan expressed his mistrust in CJ Isa at a press conference.

However, Faisal Siddiqi, the counsel for the Sunni Ittehad Council (SIC)—a party comprising PTI-backed lawmakers—did not agree with the party. He categorically said that if the PTI wanted to raise an objection to the CJ, he would withdraw from fighting the case.

The relationship between CJ Isa and the PTI has been tense since the filing of a presidential reference against the former by the latter in May 2019, when the party was in power. At that time, the PTI and the security establishment were on the same page, and both had made a joint effort to remove Justice Isa.

When the relationship between the powerful quarters and the PTI turned sour after the ouster of Imran's government in April 2021, PTI leaders started accepting publicly that it was the mistake to file the presidential reference against Justice Isa.

The PTI also supported former CJ Umar Ata Bandial's camp in judicial politics. When Justice Isa took charge as the CJ in September last year, PTI leaders were hopeful that he would rescue them from hot waters.

However, CJ Isa endorsed state institutions' narrative against the PTI. He also expressed concern over the use of social media for launching campaigns against judges. Justice Isa did not give any major relief to the PTI.

Interestingly, the January 13 order of the SC bench led by CJ Isa declaring PTI's intra-party elections illegal added to the PTI's woes as the PTI was deprived of its election symbol.

Later, the party's legal team was disappointed with the SC's decision and withdrew a contempt petition filed against the Election Commission of Pakistan (ECP) and the executive authorities for not implementing the court's order to provide a level playing field to the party during the elections.

After the February 8, 2024 general election, senior lawyers were expecting that CJ Isa would clarify the January 13 order and declare the PTI eligible for reserved seats.

In the reserved seats case, CJ Isa himself admitted that ECP misinterpreted January 13 order by declaring the PTI candidates as independent.

However, he did not endorse the majority opinion for giving reserved seats to the PTI in view of the peculiar circumstances and facts of the recent general elections.

He rather endorsed Justice Jamal Khan Mandokhail's note stating that independent candidates, who joined SIC, could not rejoin PTI.

After the July 12 order, CJ Isa wanted for early fixation of PMLN's review petition but his suggestion was rejected by two members.

Recently, a three-judge bench led by CJ Isa set aside LHC judgement and retained ECP's decision with regard to recounting. In view of the order, PTI was deprived of three MNAs.

There is an apprehension that PTI may lose more MNA seats in view of CJ Isa's order.

Earlier, a larger bench led by CJ Isa rejected the PTI KP government's plea for the live streaming of NAB law amendments case in which Imran Khan was also appearing through video link.

Three important cases related to PTI are fixed for hearing next week. Interestingly, none of them is listed before the bench led by Justice Syed Mansoor Ali Shah.

Justice Aminuddin Khan and Justice Naeem Akhtar Afghan will take up the federal government's petition against IHC's interim order in the audio leaks case. The same bench will also hear election matters. Both judges are also part of the larger bench hearing ECP petition against LHC judgment in election tribunals case.

It has been observed that political parties generally failed to get relief by raising objections on judges. When the PDM-led government was showing mistrust in former CJ Bandial, the superior bars led by the Independent Group backed it. However, now the bar led by the same group is fully supporting CJ Isa.

It is noted that several lawyers are not satisfied with the judiciary's role in recent elections that are marred by allegations of rigging.

Meanwhile, Aleema Khan, sister of Imran Khan, has also submitted an application in the apex court regarding the withdrawal of CJ Isa's comments about the 190 million pounds case which may affect the ongoing trial of Imran Khan and his wife.

She also requested CJ Isa to disassociate from cases related to his brother.