ISLAMABAD - The top court’s bench hearing petitions on Panama leaks was dissolved as Chief Justice Anwar Zaheer Jamali would lay down his robes on December 15 and would officially retire on the 31st.

It will be reconstituted when Justice Saqib Nisar takes oath of next chief justice of Pakistan on January 1, 2017.

After the induction of new member, the larger bench will hear the case afresh. The new CJ – who was part of the dissolved bench – may or may not sit on the new bench.

“These matters shall not be treated as part heard for the reasons that by that time [Jan 1] one of the members of the bench [Justice Jamali] will be laying down his robes,” read a short order of the five-member bench, headed by Chief Justice Anwar Zaheer Jamali.

The court on Friday, again proposed forming a commission for thorough investigation of Panama leaks case. The Pakistan Tehreek-e-Insaf (PTI) however threatened to boycott commission proceedings.

The counsels of Prime Minister Nawaz Sharif and his children and petitioners Tariq Asad and Jamaat-i-Islami gave consent for the commission, but two petitioners – the PTI and Awami Muslim League (AML) – opposed it.

Interestingly, all the parties - including the PTI - on the second hearing of the case had given approval for setting up of a probe commission and also submitted their terms of reference (ToR).

The chief justice said that if they declared a document of one party unauthentic or accept document of the other then the opposite party would contend they were not given opportunity to disapprove it.

He said “therefore, we have proposed to set up [a] commission, so that parties should be given [a] proper opportunity”.

The CJ said “later on, [if] they don’t like to listen, if the decision is against any party, then they start claiming they were not given an opportunity”.

Advocate Naeem Bukhari, representing the PTI chief Imran Khan, asked the bench to decide the case itself saying they would accept the verdict.

He however warned, “If the commission is formed, they would boycott its proceeding.”

Justice Sheikh Azmat Saeed remarked: “I am disappointed with the PTI response… We don’t need to be guided and dictated.”

Salman Aslam Butt, representing the prime minister, told the SC, also said that whatever the court decides they would follow it.

However, he said that there was nothing against the prime minister in the documents filed by the petitioners, and also claimed there were no allegations directly and indirectly against him on the record.

Akram Sheikh representing children of the PM said, as far as Hussain Nawaz and Hassan Nawaz were concerned, they were overseas Pakistanis. “We are with this court and we will not stand against the investigation and would accept what the court decides,” he added.

The court proceedings have been turned into a media trial and a vilification campaign has been started against the chief executive of the country, Sheikh said.

Justice Jamali explained that this was the court of law and they were bound by the law, and “we have to follow it.”

He said that under Article 184(3) the whole responsibility was on the court, while in the adversarial case the parties had to prove their case.

Sheikh Rasheed said that they did not want a commission, adding the stance of prime minister’s counsel was that they could not produce 40 years of record.

PTI counsel opposed the commission and cited quote from the book of AK Brohi “Testament of Faith” that “man lives in the womb of time.” He said: “history judges us all.”

Bukhari argued that the Pakistan People’s Party leaders still say that Zulfikar Ali Bhutto’s hanging was “judicial murder”.

He said that Justice (r) Sajjad Ali Shah in a judgment (PLD1993, SC474) said that two prime ministers of Sindh were sacrificed but he did not know why on the turn of a PM belonging to the Punjab, the approach changes.

The chief justice said: “There are certain principles to follow,” and added it should be clear to everyone that they did not need permission of any party and it was their prerogative whether to form the commission or not.

Justice Asif Saeed Khan said: “There is difficulty that we are caught up in the time as Chief Justice Anwar Zaheer Jamali is going to lay down his robes on December 15. We at the best have two days before the full-court reference and the winter vacation; therefore, we can’t conclude the case in two days and there has to be a judgment on it, which is not going to be easy. So, I think that it will be better if the hearing is adjourned until first week of January 2017.”

Salman Butt said “I fully agree as it could not be concluded in two days” and there was not sufficient time available to write the judgment.

AML chief Sheikh Rashid also requested the court to conclude the case itself. He said the whole nation was behind him on this demand.

The chief justice said that institutions were important and not the individuals.

Tariq Asad, another petitioner, said that the court should decide about the constitution of commission to investigate the matter. He said the court should not be influenced with undue pressure and hue and cry on media.

Sheikh Rasheed said the court had been working during the vacations (in the past).

Justice Khosa said though there were vacations, but they would continue to work during this time. He said they would have to read thousands of documents.

The chief justice said that there was no precedent that once a judge lay down his robes then he sat on the bench. He said the bench has to be reconstituted. The case was adjourned until first week of January.