KARACHI, Nov 19: The Sindh High Court resumed its suo motu inquiry into the May 12 siege with the government counsel welcoming the constitution of a new five-member bench and an amicus curiae (friend of the court) insisting on hearing by the same seven-member bench that commenced the proceedings.

The five-member bench headed by Chief Justice Mohammad Afzal Soomro and comprising Justices Munib Ahmed Khan, Mrs Qaiser Iqbal, Nadeem Azhar Siddiqui and Rana M. Shamim also heard a petition moved by Pakistan People’s Party Chairperson for membership of the National Assembly and two contempt cases against former chief minister Dr Ghulam Arbab Rahim.

Deputy Attorney-General Rizwan A. Siddiqui submitted that the NA having been dissolved on the expiry of its five-term term, Ms Bhutto’s petition had become infructuous and may be disposed of accordingly. However, Advocate Adnan Karim informed the bench that Advocate Farooq H. Naek, the petitioner’s counsel and attorney, was busy elsewhere and the hearing be adjourned to enable him to argue on the question of disqualification should he so desire. The case was adjourned to Nov 21.

In the contempt cases, the bench heard Advocate Wasim Sajjad, counsel for the ex-CM, at length. He said his client was quoted out of context and no case against him had been made out either on the basis of an interview he allegedly gave to the BBC or on the basis of his alleged remarks on graffiti against former chief justice Sabihuddin Ahmed. He held the judiciary and its members in the highest esteem and his clarifications in this behalf were carried by the media. Nevertheless, he had tendered unconditional apologies in both cases and there was no justification for further proceedings. The cases had no nexus with the May 12 events yet had been assigned to the larger bench, Mr Sajjad submitted. The bench reserved its order for announcement on Nov 21.

Representing the (former) chief secretary, the home secretary, the (former) provincial police officer and the capital city police officer in the May 12 case, Advocate Raja Qureshi expressed his satisfaction that his plea for reconstitution of the bench had been accepted. Five members of the previous seven-member bench had complained of hurdles on their way to the court premises on May 12 and the suo motu proceedings were initiated on their complaints. No member of the present five-member bench made any complaint on May 12 or was a party to the proceedings, he pointed out.

Neither of the amici curiae appointed by the previous bench appeared on Monday but a statement submitted on behalf of one of them, Qazi Faez Isa, said the case could be heard by the same seven-member bench that conducted proceedings for six months. A superior court remains in office till he retires, resigns or expires. No judge of the previous bench has retired or resigned or died and the bench should remain intact. Six of its members have, however, been barred from the court in a replay of May 12. The case could not be fixed before another bench, Mr Isa said.

Appearing for a respondent, Advocate Iqtidar Ali Hashmi said the new five-member bench was fully competent to hear the case but would have to hear it afresh. It could decide on new modalities and parameters and could alter or override any interlocutory order of the previous bench, he added.

A number of petitioner lawyers, including Sindh High Court Bar Association President Abrar Hasan, who are under detention, and respondents’ counsel, including Prof Habibur Rehman and Advocates A.Q. Halepota and Kazi Mohammad Ashraff, were absent from the proceedings and the bench adjourned further hearing to December 3 to enable the parties to make alternative arrangements.