ISLAMABAD: The Supreme Court, on Thursday, asked the Additional Attorney General (AAG), Amir Rehman, to make a submission whether it can peruse the Federal Board of Revenue’s (FBR’s) report on tax record of Sarina Isa, the wife of Justice Qazi Fais Isa.
During the proceeding, a clear division was visible among the judges sitting on the left and right sides of Justice Bandial, who is heading a 10-member larger bench, which comprises Justice Maqbool Baqar, Justice Manzoor Ahmed Malik, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah, Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Qazi Muhammad Amin Ahmed, and Justice Aminud Din Khan.
The bench heard the review petitions of Justice Qazi Faez Isa, the Supreme Court Bar Association (SCBA), the Pakistan Bar Council (PBC), and the provincial bar councils and associations, and the petition of Sarina Isa against the apex court's judgment on the Presidential Reference.
AAG Amir Rehman resumed his arguments and read the judgments with a view to strengthening his point of view that the apex court can give direction to the FBR against Sarina Isa.
The judges on the right side of the chair objected to the reading out of the whole judgments, instead of citing the relevant portions or providing the bullet points of his submission due to paucity of time. However, the judges on the left side of Justice Bandial were of the view that time is no issue and Amir Rehman should be given full time.
Justice Maqbool Baqar and Justice Mazhar Alam Khan Miankhel were of the opinion that the AAG may read only the relevant portions of the judgments or provide the list of the case laws.
Justice Baqar thrice asked the AAG to only give bullet points of his proposition.
He told the AAG; "We are hard pressed for time, so only read the relevant portion. We didn't allow the other side to read out the full judgments."
Justice Muneeb, however, said: "We are not racing against time," adding that “there is no issue of time.”
Justice Baqar, disturbed by his remarks, said: Is this the way to interrupt a senior judge?
"I am requesting him [the AAG] to try to be concise, but he [Justice Muneeb] has interrupted me."
"How he [Justice Muneeb] treats a senior," Justice Baqar protested.
Justice Qazi Ameen, who was also sitting on the left side of Justice Bandial, asked Amir Rehman to “argue in the manner you wish but just be mindful of time.”
At that time, Justice Mazhar Alam told the AAG that keeping in view the fact that one member of the bench (Justice Manzoor) is retiring at the end of this month, he should provide the list of judgments.
Justice Baqar said: “if someone wants to drag the case for some reason then it is another matter. We have asked the other side also to be brief as the matter is crucial and the bench is short of time.”
However, Justice Bandial, told the AAG, "take your time and we will not ask you to hurry up."
Justice Baqar said: “The whole world is watching this case and what we like to show to the world,” he said, adding: "We have to maintain the dignity of this court."
Justice Muneeb then asked the AAG whether two members of a three-judge bench who have passed a judgment change their own conclusion in review jurisdiction. He further asked Rehman that seven judges have given a judgment in this case and whether they can now change their stance.
Amir Rehman said his prompt response would be that they cannot change their mind.
Justice Mazhar Alam again asked the AAG to furnish the list of judgments and not to waste court's time on reading out judgments.
Justice Sajjad Ali Shah, sitting also on the left side, whispered into Justice Bandial’s ear that wince the court still has enough time then why time has become an issue? “Let the AAG continue to argue his case,” Justice Shah said.
Upon that Justice Baqar said; "I can't sit in the bench.” He was about to rise but Justice Bandial tried to pacify him to cool down the tense atmosphere of the courtroom."
Justice Bandial told Amir Rehman that the court will rise for 10 minutes.
Justice Baqar asked: “What will happen in a 10-minute break?”
However, the judges took a 10-minute break.
After the break, the bench again assembled and the rest of the proceedings of the day were held in a tension-free environment.
The AAG apologised to Justice Baqar and the latter told him [the AAG] that he is his favourite lawyer and he respects him.
The AAG cited the judgments, saying that under Article 184 of Constitution the court has vast power to issue directions to any state functionary.
Before the conclusion of day’s proceedings, Justice Bandial told the AAG that though the court has limited time but it does not mean to restrict any party's arguments.
“You [the AAG] manage time and tell by tomorrow (Friday) how much time you will take to conclude your arguments,” Justice Bandial said.
He asked the AAG to formulate his proposition and give it to court in writing.
Justice Bandial said: “It is our responsibility to maintain decorum and not get charged. We all have a duty to this court.”
Sohail Mehmood Additional Attorney General, who is representing the President of Pakistan, told the bench that he will adopt the arguments of Amir Rehman.
The case was adjourned until today (Friday).
Copyright Business Recorder, 2021
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