Justice Faez has made President Arif Alvi, Prime Minister Imran Khan, federal government through secretary law and justice, Law Minister Farogh Nasim, Attorney General for Pakistan Anwar Mansoor Khan, Supreme Judicial Council through its secretary, Supreme Court Registrar Arbab Muhammad Arif, Chairman Assets Recovery Unit Mirza Shahzad Akbar and five others as respondents.
A nine-member bench, headed by Justice Umar Ata Bandial, heard the identical petitions of Justice Faez Isa, Pakistan Bar Council, Supreme Court Bar Association, Sindh, Balochistan and Khyber Pakhtunkhwa bar councils/associations and eminent lawyers against the presidential reference against Justice Qazi Faez Isa. Justice Syed Mansoor Ali Shah, who was part of the 10-judge Full Court, was not present in the bench due to some engagement.
Additional Attorney General (AAG) Amir Rehman pointed out that the President and Prime Minister under Article 248 of Constitution have immunity. Upon that Justice Bandial remarked that on the next date they would also examine whether or not to retain the President and the Prime Minister as respondents in the case.
The bench noted that the ground of attack in nine petitions is almost the same that the reference filed by the President of Pakistan is mala fide in fact in the law based upon the principle laid down in the Supreme Court judgment in the former Chief Justice Iftikhar Mohammed Chaudhry case. "Where is it mentioned that the SJC proceedings could be challenged in the Supreme Court?" Justice Bandial asked, saying the questions involved in the petitions are of the interpretation of the Constitution. "The legal points raised in the petitions need considerations; therefore, we issue notices to the respondents," he added.
The AAG sought one week's time to file a reply in response to the petitions. Justice Baqir asked the AAG that the reply should be submitted before the next date of hearing.
Justice Umar Ata Bandial said this is very important case so all the parties should come well prepared. Because of this case they have left their work and assembled for this case, he added.
"This is a matter of anxiety for both bar and bench because it is about our brother judge so we don't want it to linger on," said Justice Bandial. He asked the petitioners to satisfy whether SJC proceedings can be challenged because Article 211 says that "proceedings shall not be questioned in any court of law." So the Full Court can make it a ground to reject Justice Isa's petition despite the ex-CJP verdict to settle this matter.
Earlier, Advocate Salahuddin informed the bench that Munir A Malik was on general adjournment until 4th October so the case be fixed after that time. The case was adjourned until 8th October.