Plea for full court on Uniform petitions rejected
By Saad Saud

ISLAMABAD—Chief Justice Iftikhar Muhammad Chaudhry Wednesday turned down a recommendation by an 11-member bench for constitution of a full court to hear petitions challenging candidacy of President Pervez Musharraf in the presidential election held on October 6.
The Chief Justice decided that the 11-judge bench headed by Justice Javed Iqbal will resume the hearing on the petitions on Thursday. The bench had earlier sent its recommendation for full court to the Chief Justice after a brief session during which Hamid Khan, counsel for retired judge Wajihuddin Ahmed, requested for constitution of full court.
Following the request by Hamid Khan, which was supported by advocates Mohammad Akram, Barrister Farooq Hassan and A.K. Dogar, the bench decided to have a short break for consultation. Later the judges came back to the courtroom and the bench announced its decision to make a recommendation to the Chief Justice. The petitioners are Wajihuddin Ahmed and Makhdoom Amin Fahim, who were both candidates in the presidential election, and a citizen Waseem Rehan.
SC public relations officer Arshad Munir said the CJ rejected therecommendation because some judges, who are not part of the 11-member bench,had already refused to sit in the larger bench for the hearing of the case. These judges are Justice Sardar Mohammad Raza Khan, Justice Falak Sher and Justice Mian Shakirullah Jan.Justice Rana Bhagwandas is on ex-Pakistan leave while Justice Nasir-ul-Mulk is scheduled to go on leave from October 20 and proceed abroad. JusticeSaiyed Saeed Ashhad is on medical leave.Moreover, the Chief Justice has previously decided not to sit in a benchhearing constitutional petitions against the President.
During the morning session, the 11-member bench hard the viewpoints ofthe counsels of the petitioners and Attorney General Malik Mohammad Qayyum. The counsels argued that a full court should be set up in view of thegreat importance of the case. They pointed out that a number of cases of such importance had been heard in the past by full courts. Attorney General Malik Mohammad Qayyum opposed the plea forconstitutional of full court.
“We have full confidence in all judges of the Supreme Court, but ifobjection is raised against five judges who are sitting in the 11-member bench then we also raise objection on four members who had decided against the President in petitions of Imran Khan and Jamaat-e-Islami,” the AttorneyGeneral said.
A nine-member bench of the Supreme Court had dismissed the petitions ofJamaat-e-Islami and Imran Khan by a majority 6-3 verdict on September 28.Justice Khalilur Rehman Ramday observed that the trend to seekconstitution of benches according to individual wishes needed to bediscouraged and stopped. Justice Ramday said in accordance with norms of the judiciary only ajudge can decided whether he would or would not sit in a bench.
Chaudhry Aitzaz Ahsan on Wednesday joined Hamid Khan as counsel forWajhihuddin Ahmed after the bench accepted his power of attorney.