SC dismisses objections raised by federation over composition of bench in 18th amendment case

Supreme Court (SC) has dismissed the objections raised by the federation over formation of bench in 18th amendment case. SC larger bench heard the federation's objections in court room No 1. One objection related to non inclusion of Justice Zahid in the court and other was inclusion of CJP in the bench. Presenting his objections over constitution of bench, counsel for federation, Dr Basit said federation had the objection that CJP was part of the judicial commission which was meant for the appointment of judges, therefore, he should not preside over the bench. On inquiring from the court with regard to these objections, Dr Basit first of all mentioned the name of chief of staff and later principal secretary of the president, Suleman Farooqi with reference to objections. The SC registrar received a letter from Suleman Farooqui who contradicted the objections attributed to him in respect of composition of bench. The former handed over the letter to the judges who were present in the court room and all the judges read it individually. Upon it the counsel for federation Dr Basit rose up and told he had committed mistake with reference to his client and he should be punished over it. However court should hear him once, he prayed. The court remarked he would be heard at every cost. All the judges went out side the court room No 1 and again fixed the hearing of the case at 1300 hrs. During the course of hearing CJP remarked, " As to why the president was contacted instead of the prime minister. Every thing be placed before the court in black and white", Dr Basit said he had no access to the prime minister adding president was also symbol of the federation . Justice Khalil ur Rehman remarked "It should be told under what law president could raise objections over this bench. We know it well upto what you have access". CJP observed nothing should remain concealed after 18th amendment and the court be informed about all the matters. This case was very vital and its hearing would be open and no one would have any objection over it, CJP further remarked. Counsel for federation took the plea running this case was tantamount to trample the constitution. The attorney general Moulvi Anwar ul Haq said objection raised by the federation over composition of the bench was not correct. The counsel for the petitioner Akram Sheikh said in his counter arguments that objection raised over the bench was a bid to scandalize the chief justice office and SC. On one occasion CJP remarked, " This case can be beneficial only if his any son or relative is becoming judge. If Suleman Farooqui will now object to the formation of bench", he further remarked. " A larger case than this may not come up in the court in future and the judges more than this bench in number may not hear the case", CJP observed.

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