SC refers larger bench matter to CJP

ISLAMABAD – The Supreme Court of Pakistan Monday referred the matter for constituting a larger to Chief Justice of Pakistan for hearing the review petitions filed by Justice Qazi Faez Isa and others against the Presidential Reference.

A six-member larger bench headed by Justice Umar Ata Bandial announced its reserved judgment with the 5-1 majority.

Justice Manzoor Ahmad Malik disagreed and will write a dissenting note. “I have read the order. I agree with the conclusion drawn in Para 31(ii)(a) (numerical strength of review Bench). However, I would attach my separate note for remaining findings/observations given in the order,” wrote Justice Manzoor.

It was December 10, 2020 when the bench had reserved its verdict on the composition of the bench. Justice Qazi Faez Isa, various bar councils and associations, and Sarina Isa have filed review petitions against the apex court judgment against Presidential Reference against Justice Isa.

The judgment said that the review jurisdiction can be invoked only in relation to the judgments of this Court, namely, unanimous and majority judgments. As a matter of the current law and practice of the Court: a. for the purposes of Order XXVI, Rule 8, the minimum numerical strength of the Bench that delivered the judgment or order under review is the numerical strength of the Bench which heard and decided the original matter, regardless of whether the judgment under review was passed unanimously or by majority; and the review Bench should comprise the author Judge, if still on the Court, as its member, and in case he is unavailable then any other Judge who agreed with the author Judge should be included in the Bench.

It added that as a matter of law and settled practice it is for the Chief Justice, as the master of the roster, to determine the composition of a Bench and he may, for like reason, constitute a larger Bench for hearing the review petition.

“My understanding of the court rules is that the review petitions are always posted to the same bench,” Sarina Isa had said, asking that if it was possible that the review petition was heard after amending these rules. Justice Bandial had observed that different court rules did not exist independently rather they had to be interpreted harmoniously, stating that under Order 11 of the court rules, it was the chief justice who constituted the bench and which was supposed to be accepted by all.