Lawyers challenge presidential reference against Justice Isa.

Byline: SHAHID RAO

ISLAMABAD -- The Supreme Court of Pakistan was Monday informed that over the years the President's power to act on his whims and fancies have been curtailed for the independence of the judiciary.

The larger bench of the apex court, headed by Justice Umar Ata Bandial, conducted hearing of the identical petitions challenging presidential reference against Justice Qazi Faez Isa for allegedly not disclosing his foreign properties in wealth statements.

Besides the apex court judge, Pakistan Bar Council, Supreme Court Bar Association, Bar Councils and Association of Punjab, Sindh and Balochistan and Abid Hassan Minto, and I A Rehman have also challenged the Presidential Reference against Justice Qazi Faez.

Raza Rabbani Advocate, on behalf of Sindh High Court Bar Association, contended that the ability of the President to act on his own whims and fancies has gradually been curtailed for the independence of the judiciary and now many functions are done in the name of the President and the discretionary power has been limited.

Before starting his arguments, Rabbani said that he had apprehensions whether a nine or ten-member bench would hear the petition. After the retirement of Justice Asif Saeed Khan Khosa, now Justice Umar Ata Bandial will sit in the SJC, as he is at No.3 on the list of Supreme Court judges.

According to Article 209 of the Constitution, the Council consists of Chief Justice of Pakistan, the two next most senior judges of Supreme Court and the two most senior Chief Justices of High Courts.

Giving historical perspective of the constitution regarding power of President particularly with reference to Articles 209 and 48 of Constitution, Rabbani said that the bars have not taken new position but their struggle for the independence of judiciary has been consistent. Due to their concerns and pressure the discussion on Articles 209, 210 and 211 reopened...