ISLAMABAD: Announcing on Monday its hitherto reserved verdict, the Supreme Court declared objections raised by the lawyer of the PCO judges on the formation of the bench invalid. However, the head of the five-member bench, Justice Muhammad Sair Ali, separated himself from the bench in his personal capacity.
Dr Abdul Basit, counsel for Justice Shabbar Raza Rizvi and Justice Hasnat Ahmed Khan, had pleaded that three judges on the bench were biased, thus if the verdict was delivered against the PCO judges, it would be considered biased as well. After Justice Ali’s separation from the bench and the announcement of the verdict, the bench was dissolved and the matter referred to the CJP.
“We would be orphaned without you in the bench,” Dr Basit said when Justice Ali announced that he was separating himself from the bench. “You should have thought about it earlier,” Justice Ali replied. Later, talking to reporters outside the Supreme Court, Dr Basit said they have a right of appeal against the verdict.
However, a seven-member bench would be required to be formed. The chief justice would have to find seven judges who were not “beneficiaries of the Dogar court and if he succeeds in finding such seven judges, I would congratulate him”, Dr Basit added.
