ISLAMABAD: The Supreme Court (SC), on Wednesday, turned down Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan’s counsel’s objections to the formation of bench, hearing review petitions against the SC’s judgment on Article 63A of the Constitution.

Barrister Ali Zafar, representing Imran Khan, submitted that the Committee under Supreme Court (Practice and Procedure) Act, 2023, is not properly constituted as both the most senior judges – Justice Syed Mansoor Ali Shah and Justice Munib Akhtar – have not been included in it; therefore, is coram non judice, and proceeding before it would be unlawful.

Zafar raised objection that before hearing of review petitions, the notices are issued to the respondents, which has not been done in the instant matter. He argued that the proceeding on review petitions cannot be held without the author judge (Justice Munib).

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Justice Jamal said that the judge was requested to join the bench, but he expressed inability. He said that not hearing petition as per Section 7 of SC Practice Procedure Act is the violation of judge’s oath. Zafar also contended that the review petition of the Supreme Court Bar Association (SCBA) is time barred.

The chief justice told him that the review is filed against the judgment of the Court and not the order. He said that the detailed reasoning was announced almost one year after the short order.

A five-judge bench, headed by Chief Justice Qazi Faez Isa, and comprising Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Mazhar Alam Khan Miankhel, and Justice Naeem Akhtar Afghan, which heard the review petitions, rejected all objections.

However, the bench allowed Barrister Zafar to take instruction from Imran Khan in Adiala Jail. Zafar repeatedly requested that some time be granted to him so that he can consult his client before making submission on the merit of the case. The Court asked the Additional Attorney General Aamir Rehman to facilitate his meeting with Imran Khan in jail tomorrow (Thursday) at 10:00 a.m.

During the proceeding, an unpleasant situation emerged when Ali Zafar was arguing the case, a PTI lawyer (Mustafain Kazmi), came on the rostrum and wanted to speak, but the court did not allow him, and asked the lawyer to take his seat. He, instead of sitting on his seat, said: “The bench which is hearing the review petitions is unconstitutional, and Justice Aminuddin and Justice Naeem Afghan can’t be its members.” Kazmi further said; “The PTI is an aggrieved party and we don’t accept this bench,” adding 500 PTI lawyers were standing outside, ready to prevent any ruling against the party.

The chief justice then called the police and asked them to take the lawyer outside the Court. The cops acted swiftly and removed him from courtroom. Before leaving the Court, he hurled threat: “We will see how you (bench) pass an order (on review petitions).

The chief justice remained resolute despite the warnings, and firmly rejected the attempt to intimidate the court, stating, “Do you want institutions to be run through threats? My only fault is that I have always shown patience.” He said that the Court would not tolerate threats or disrespect.

Justice Jamal, addressing Ali Zafar, said the (PTI’s) object has been achieved as the counsel is a Senator and representing that political party, and instead of stopping him (Kazmi), he remained silent when he was insulting the Court.

The judge further said: “You want to destroy the institutions.” “You (PTI leaders and workers) want judgments that favour them, but when those are against then start criticising the Court. This is the way you want to make Pakistan,” he remarked.

“You cannot run the courts through intimidation. We will continue with the proceedings, no matter how much opposition we face,” the chief justice added, signalling that the judiciary would uphold its independence.

Justice Jamal also expressed concern over the growing trend of targeting judges when decisions do not favour specific parties. “This behaviour is unacceptable. We are here for dignity and integrity of the institution, not for money or power.

The judiciary must remain independent,“ he said. He said they (the PTI) has created such a situation in the National Assembly and the Senate, and wants the same in this institution (the SC), as well.

The chief justice said it happens as he does not react to his maligning on media, particularly, on social media, adding; “We know how many people ex-CJP Saqib Nisar sent to jail and disqualified parliamentarians for criticising the judges.” “My only fault is that I have always shown patience.”

Ali Zafar stated the he is with the lordship and requested; “Don’t make me an enemy.” He reminded the chief justice that in the election symbol case though he was a little harsh and criticised the lordship, but he maintained aplomb.

Copyright Business Recorder, 2024