The Supreme Court on Monday re-fixed hearing of petitions against the presidential reference against Justice Qazi Faez Isa on 28th October as one of its members is not available due to death in his family. The case was de-listed last week due to sudden death of former Additional Inspector General, Karachi, Shahid Hayat, a first cousin of Justice Mazhar Alam Khan Miankhel.

A nine-member bench, headed by Justice Umar Ata Bandial, resumed the hearing of Justice Qazi Faez Isa, Pakistan Bar Council, Supreme Court Bar Association and the provincial bar councils and associations' petitions. At the outset of the hearing, Justice Bandial stated: "One of the members of the bench had demise in his family and is not available today (October 21). In these circumstances, hearing of the said cannot continue today (Monday)."

Addressing Justice Faez's counsel Munir A Malik, Justice Bandial said the matter will now be referred to Chief Justice of Pakistan Asif Saeed Khan Khosa for reconstitution of the bench. However, late in the evening, the Supreme Court issued a statement that said, "We are informed that Justice Mazhar Alam Khan Miankhel shall resume his duties next week. Accordingly, the said petition along with connected matters is adjourned until 28-10-19." Justice Isa had submitted a rejoinder to the reply submitted in the apex court by the Supreme Judicial Council (SJC) - which is hearing the presidential reference - and once again called into question the council's impartiality.

Copyright Business Recorder, 2019