ISLAMABAD, May 9: A five-member bench of the Supreme Court on Monday asked the chief justice to constitute a new bench to hear petitions seeking enhancement in the retirement age of judges of superior courts. The bench decided to refer the cases back to the chief justice for formation of another bench when one of its members declined to hear the case for being the author of a judgment as a high court judge that had rejected a challenge to the Legal Framework Order (LFO) in April 2003.

The chief justice had constituted the bench comprising Justice Sardar Mohammad Raza Khan, Justice Mohammad Nawaz Abbasi, Justice Faqir Mohammad Khokhar, Justice Mian Shakirullah Jan and Justice Tassadduq Hussain Jillani to hear petitions filed by Al Jihad Trust chief Habib Wahabul Khairi and Maulvi Iqbal Haider of the Awami Himayat Tehrik.

Justice Jillani observed that he was not in a position to hear the matter since he had written a detailed order of dismissing the petition of the Pakistan Lawyers’ Forum challenging the LFO.

Justice Raza Khan observed that the petitions could only be examined after the announcement of the detailed order under which the Supreme Court earlier de-linked Mr Khairi’s petition for separate hearing, while rejecting challenges against the 17th Amendment to the constitution and dual office of President Pervez Musharraf.

Attorney-General Makhdoom Ali Khan informed the court that he had submitted detailed comments seeking rejection of the petitions of Mr Haider for not being maintainable as a matter of public importance.