ISLAMABAD: A constitutional petition has been filed in the Supreme Court seeking removal of three judges of the apex court from the 10-member full court, presently hearing identical petitions, challenging the presidential reference filed against Justice Qazi Faez Isa for allegedly not disclosing foreign properties of his family members in his wealth statements.Colonel (R) Inamul Rahim has filed a petition in the apex court under Article 184(3) of the Constitution, challenging the composition of the 10-member full court, presently hearing a set of constitutional petitions challenging the presidential reference filed against Justice Qazi Faez Isa.He submitted that references are still pending against five judges of the apex court out of which three judges are sitting on the 10-member full court.He prayed the apex court to remove Justice Umar Ata Bandial, Justice Manzoor Ahmed Malik and Justice Mansoor Ali Shah from the full court with a view that a reference under Article 209 is still pending against these three judges in the Supreme Judicial Council (SJC).The petitioner has made the secretary Supreme Judicial Council (SJC), Justice Umar Ata Bandial, Justice Manzoor Ahmed Malik, Justice Mansoor Ali Shah, Justice Ijazul Ahsen and Justice (R) Azmat Saeed Sheikh as respondents.It is pertinent to mention here that Justice Umar Ata Bandial is at present heading a 10-member full court hearing petitions challenging the presidential reference against Justice Qazi Faez Isa. Other members of the full court include Justice Maqbool Baqar, Justice Manzoor Ahmed Malik, Justice Faisal Arab, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah, Justice Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi and Justice Muhammad Qazi Amin Ahmed.The petitioner has submitted that 68 petitions relating to missing persons and military related cases were pending at Rawalpindi bench, when Justice Umar Ata Bandial was the chief justice of Lahore High Court.He alleged that Justice Umar Atta Bandial as a chief justice without any notice to the petitioners transferred them to principal seat. He said that petitions remained pending for more than two years in Lahore, adding that out of them mysteriously tow petitioners relating to PAF went missing.Later on, he said that Justice Umar Atta Bandial was succeeded by Justice Manzoor Ahmed Malik, Justice Ijazul Ahsen and finally by Justice Mansoor Ali Shah, but same treatment was meted out to those petitions, and when the counsel filed references against them, instead of any action, they were elevated to the Supreme Court.The petitioner further contended that he also filed two references against Justice Azmat Saeed Sheikh since 2014, due to grave misconduct but instead of any action he was allowed to retire with all pension benefits whereas criminal liability doesn't exhaust even after his retirement. He prayed that Justice Umar Atta Bandial, Justice Manzoor Malik and Justice Mansoor Ali Shah be removed from the 10-member full court hearing the petitions. He further prayed that references against those judges may be fixed and heard in open court.It is pertinent to mention here that a 10-member full court headed by Justice Umar Ata Bandial will resume hearing tomorrow (Monday) in the identical petitions challenging the presidential reference filed against Justice Qazi Faez Isa.
from The News International - National https://ift.tt/2WAGmh7
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