Justice Sardar Tariq Masood and Justice Ijazul Ahsan of their own volition and for safeguarding the dignity and sanctity of the Supreme Court, decided to recuse themselves from the bench hearing petitions against the presidential references. A seven-judge larger bench, headed by Justice Umar Ata Bandial and comprising Justice Maqbool Baqar, Justice Manzoor Ahmad Malik, Justice Sardar Tariq Masood, Justice Faisal Arab, Justice Ijazul Ahsan and Justice Mazhar Alam Khan Miankhel, on Wednesday released the written order.
The order further said: "For avoiding any motivated attribution, insinuation or discussion on the present subject by any quarter, two learned members of the bench (Justice Tariq Masood and Justice Ijaz) have for their personal reasons and of their own volition decided to recuse." In order to promote transparency in the proceedings and confidence of all persons interested in these proceedings, the then bench directed the office that the Full Court may be constituted.
Justice Qazi's counsel Munir A Malik had argued that any judge who has a personal stake in this case should not be attached with it. "Judges whose interests are vested in this case should not be a part of this bench."
Munir A Malik had argued that involvement of any existing tangible, palpable, personal or pecuniary interest of a judge in a matter justifies his recusal. The order noted that he however, did not disclose such an interest. In fact his plea is based on the contingent, prospective and speculative possibility of the office of CJP being not occupied by the petitioner in the year 2023 and for the ineligible judges to be awaiting that eventuality so as to benefit therefrom.
"No precedent to hold such a future contingency to be a disqualifying factor for a judge has been cited by the counsel. His plea is accordingly laden with contingencies and possibly fails the test of a "real likelihood" of prejudice from any member of this bench," said the order." "The suggestion is that a tangible interest may accrue four years later."
The Supreme Judicial Council (SJC) on Aug 19 had dismissed a complaint against Justice Qazi for writing letters to President Arif Alvi for supplying a copy of the reference. However, the presidential references against Justice Qazi Faez, a judge of Supreme Court and Justice KK Agha, a judge of Sindh High Court, for not declaring properties abroad and failing to mention them in the wealth statements is still pending before the Council.
Justice Qazi Faez Isa, Pakistan Bar Council, Supreme Court Bar Association and the bar associations and councils of Balochistan and Sindh have filed applications under Orders XXV, XXVII, XXXIII Rule 6 of Supreme Court Rules, 1980 read with Article 184 (3) of the Constitution. Justice Qazi has prayed that his petition be heard by the full court comprising all eligible judges of the apex court.