ISLAMABAD, March 15: Akram Sheikh, a former president of Supreme Court Bar Association, said on Friday that a special bench of Supreme Court consisting of more than nine judges should be constituted for hearing cases of judges’ elevation to the Supreme Court of Pakistan.
Responding to a demand of Supreme Court Bar Association President Hamid Khan, that the Chief Justice should not head the bench, Mr Sheikh said that Justice Sheikh Riaz Ahmad was not disqualified to head the bench as he was not related to Justice (retd) Irshad Hassan Khan to such a degree so as to create his personal interest.
The Supreme Court has, however, constituted a five-member special bench to start hearing of the petitions from March 18. The bench will be headed by Chief Justice Shaikh Riaz Ahmad. The other members will be Justice Qazi Mohammad Farooq, Justice Mian Ajmal, Justice Deedar Hussain Shah and Justice Abdul Hameed Dogar.
Akram Sheikh, who had assisted the court as amicus curiae in the Judges Case, said Justice Shaikh Riaz never conducted himself to raise a presumption that he had a personal interest in defending what any body could have done.
“Therefore, there is no question of any perception of bias for him for hearing the case being heard by apex court from Monday, the 18th of March.”
Mr Sheikh further stated that, however, he too was of the view that a bench larger than nine judges should be constituted to hear this case and should resolve the controversy once and for all as to the manner in which selection and elevation of judges to the superior courts should be dealt with.
He stated that Malik Asad’s case was hardly a precedent to follow, inasmuch as the judgment was an obvious outcome of internal rift among the judiciary and government’s desire to throw out the then Chief Justice Sajjad Ali Shah.”
Mr Sheikh commented that it was also time that Supreme Court should look into the eventualities in which Justice Amirul Mulk Mengal was removed from his judicial office in violation of the Article 209 of the Constitution. He, therefore, suggested that Chief Justice should himself preside over the bench but may consider constitution of a bench consisting of all judges except those whose case was being heard.