The Full Bench of the Supreme Court is expected to announce its decision about the maintainability of Chief Justice Iftikhar Mohammad Chaudhry's petition on Monday.
The Court has been hearing preliminary arguments of the counsel for petitioners and respondents (President and Federation) since May 14 about whether or not the Court has the jurisdiction to adjudicate these petitions since the Constitution has created a special forum--Supreme Judicial Council--to hear references against the Judges.
The Court had indicated that it would give its verdict on Friday, but two more advocates, representing Federation, requested the Court to also hear them before announcing the decision. The Court will now hear them on Monday, for about one hour, and then announce its decision.
The 13-member Full Court is headed by Justice Khalilur Rehman Ramday and includes Justice Mohammad Nawaz Abbasi, Justice Faqir Mohammad Khokhar, Justice Mian Shakirullah Jan, Justice M. Javed Buttar, Justice Tassaduq Hussain Jillani, Justice Sayed Saeed Asshad, Justice Nasirul Malik, Justice Raja Fayyaz Ahmad, Justice Chaudhry Ejaz Ahmad, Justice Sayed Jamshed Ali, Justice Hamid Ali Mirza and Justice Ghulam Rabbani.
Earlier, counsel for Federation, Malik Mohammad Qayyum, completed his arguments. His contention was that the petitions were not maintainable in the Supreme Court since Supreme Judicial Council is the proper forum to decide cases of misconduct and removal of Judges.
He argued that membership of the SJC has not been left to the discretion and whim of the Executive but has been specified in Article 209 of the Constitution so that it could hold independent inquiry of the reference.
During the two-hour hearing on Friday, Justice Ramday had to intervene several times to maintain decorum of the Court when counsel for the petitioners and Federation simultaneously started addressing the bench.
Justice Ramday cautioned that he would not allow advocates to turn the Court into a "fish market". The much-publicised lunch of the two senior members of the bench, Justice Mohammad Nawaz Abbasi and Justice Faqir Mohammad Khokhar, with counsel for the President and Senior Advisor to Prime Minister, Syed Sharifuddin Pirzada last month at Islamabad Club, continue to reverberate in the Court.
This time it was counsel for Federation, Malik Qayyum, who stated that" members of the Supreme Judicial Council are senior Judges who are not picked up and chosen by the Executive. Though some Judges have lunches with high government functionaries but they can not explain their position through the press."
On this, Justice Abbasi reacted strongly and said: "I am an independent Judge. I assure you no one can buy me. I had a lunch with Mr Pirzada, but I am not afraid of anyone."
Justice Ramday interrupted and said, laughingly: "I have asked both Aitzaz and Malik Qayyum to invite me on lunch but they have still not invited." On this Malik Qayyum said: "I will invite you to lunch after disposal of these petitions." The hearing was adjourned till Monday morning.
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