ISLAMABAD, Oct 28: The Supreme Court Bar Association on Monday asked an SC bench to return its review petition and stated that the “judiciary has ceased to be independent” and arguing any petition involving serious constitutional matters before the court would be a “futile exercise.”

A five-member special bench, presided over by Chief Justice Shaikh Riaz Ahmad, had been constituted to hear the review petition filed by the SCBA against the apex court’s judgment in which it had upheld the elevation of junior judges to Supreme Court.

SCBA President Hamid Khan, a member of Pakistan Bar Council, submitted a written statement seeking to withdraw the review petition which the association had filed a few months back.

The statement said that in view of “the oath taken by the judges under Provisional Constitutional Order and in view of recent verdicts upholding various orders and acts of the present military regime, the judiciary has ceased to be independent and no substantial question of constitutional importance should be argued before this court in its present composition.”

Hamid Khan stated that the general body of the association in its annual meeting held on Oct 26 at Lahore had unanimously condemned the enhancement of the retirement age of judges through amendment in the Legal Framework Order, which in the view of the lawyers community was an unconstitutional and invalid document.

“The petitioner association has also resolved that enhancement of retirement age is last nail in the coffin of independence and credibility of judiciary,” he said.

He stated that arguing the review petition involving serious constitutional questions before the court in its present composition would be a futile exercise.

The bench comprised Chief Justice Shaikh Riaz Ahmad, Justice Qazi Mohammad Farooq, Justice Mian Mohammad Ajmal, Justice Deedar Hussain Shah and Justice Abdul Hameed Dogar.

According to Supreme Court Registrar Mohammad Amin Farooqi, the petition has been “dismissed for not being pressed.”