ISLAMABAD: Supreme Court (SC) has announced the reserved decision on the petitions seeking constitution of new bench to hear the review petitions filed by Justice Qazi Faez Isa, his spouse and several bar councils from the country against the 9-member bench of apex court decision in Justice Qazi Faez Isa presidential reference.
In the decision which was read out by Justice Umar Ata Bandial it has been said the powers for constitution of bench rests with the Chief Justice of Pakistan (CJP). CJP can form larger bench to hear the review petitions if he wills so. Generally the bench which has given decision hears the review petitions. The judge who had authored the decision is included compulsorily in review bench. If the judge who had authored the decision is not available then the judge who had agreed with the decision is part of the bench.
A 6-member larger bench of SC presided over by Justice Umar Ata Bandial had reserved the judgment on December 10
The court while wrapping up the petitions has referred the matter to CJP for formation of bench.
Justice Manzoor Ahmad Malik differed with this decision. He will write a dissident note on this count.
The decision which has been issued in the proportion of 5-1 judges has said the powers to constitute bench rests with the CJP. If he wills so CJP can constitute larger bench to hear review petitions. Generally the bench which has decided the case hears the review petitions.
It has been said further in the majority decision the judge who had authored the decision in central case is included necessarily in the review bench. If the judge who has authored the decision is not available then the judge who has agreed with the decision is part of the review bench.
It is pertinent to mention here that Justice Qazi Faez Isa, his spouse and difference bar councils had filed review petitions. It was prayed in the petitions that the judges who had written dissident notes in qazi Faez Isa presidential reference decision should be included in the review bench.