Justice Isa challenges presidential reference in SC

[Devil Soul]

Justice Isa challenges presidential reference in SC
By Hasnaat Malik
Published: August 7, 2019
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Justice Qazi Faez Isa. PHOTO: FILE

ISLAMABAD: Justice Qazi Faez Isa challenged the presidential reference against him in the Supreme Court on Wednesday and has requested the apex court to issue a restraining order over Supreme Judicial Council proceedings till the court decides on his petition.

Justice Isa personally went to the institution bench of the SC to file a constitution petition under Article 183 (3) of the Constitution.

The apex court judge has also challenged another reference filed by a Lahore-based lawyer Waheed Shahzad Butt, stating that Justice Isa violated the code of conduct for members of the judiciary by “writing letters to the president of Pakistan and sharing it with the media”.



He has made both the superior bars— Pakistan Bar Council and Supreme Court Bar Association—respondents in the 354-page petition.

A total of 13 respondents have been named in the petition including government functionaries, departments and bars.

It is likely that the Pakistan Bar Council (PBC) will now also move a constitution petition against the reference in the apex court.

The reference is being challenged on the basis of mala fide intentions.

In May, President Arif Alvi authorised the filing of references with the SJC against Justice Isa and Sindh High Court’s Justice KK Agha for allegedly not disclosing their foreign properties in their wealth statements.

Consequently, Justice Isa had written a letter to President Alvi seeking clarity regarding the reports that the government had filed a reference against him over allegations of misconduct. Copies of the letter were sent to Prime Minister Imran Khan and the apex court as well.

Justice Isa files replies to notices

Renowned lawyer Munir A Malik is the leading counsel for Justice Isa. Likewise, PBC’s three members – Rasheed A Rizvi, Akhtar Hussain and Kamran Murtaza – have proposed a resolution to challenge the presidential reference and have forwarded it to all 22 members for obtaining their consent. It is learnt that 15 members have endorsed the proposal.

Only two members, who are associated with the Hamid Khan Group, have opposed moving the petition in the apex court.

On the other hand, legal experts believe that there is a lesser chance of the Supreme Judicial Council concluding its proceedings in the Justice Isa case before the retirement of Justice Sheikh Azmat Saeed on August 28.

They believe that Justice Saeed may avoid concluding the SJC proceedings before his retirement.

Earlier, Justice Isa personally submitted his replies in the SJC against two show-cause notices regarding the non-disclosure of family’s foreign properties in his wealth statements and writing letters to the president.

Justice Isa submitted both the replies in the late hours of July 31 as the 14-day deadline ended at 12pm.

He had moved an application in the SJC, requesting furnishing of relevant material on the basis of which the reference was filed against him.

The judge had also requested for extending time for filing the replies against the show-cause notices after going through the material.

However, it is learnt that the SJC did not entertain his application, saying that the SJC members were not available in Islamabad and that the plea could not be considered in a short period of time.

 

[war&peace]

No one is above the law. The judge should respect the law.

 

[FalconStar]

Why is he screaming if he's innocent, just prove it in the court.
He want's the right to decide the future of many people by being a Supreme Court Judge but refuses to answer anything against him. Double standards, this is what is wrong with our country.

 

[volatile]

Only crime for this Judge was judgement on Faiza bad case .
https://www.samaa.tv/news/2019/02/s...olitical-activity-during-the-faizabad-dharna/

THE Supreme Court’s verdict on the Faizabad dharna, delivered on Wednesday, is a searing indictment of state institutions and oversight authorities who have time and again failed the people of this country, either by exceeding their mandate or by abdicating their duty.

https://www.dawn.com/news/1462542
May your judgment speaks for time to come , Brave judge. Im ready for comments like Maryam ka media cell ,Corrupt patwari .You are welcome

 

[mingle]

Only crime for this Judge was judgement on Faiza bad case .
https://www.samaa.tv/news/2019/02/s...olitical-activity-during-the-faizabad-dharna/

THE Supreme Court’s verdict on the Faizabad dharna, delivered on Wednesday, is a searing indictment of state institutions and oversight authorities who have time and again failed the people of this country, either by exceeding their mandate or by abdicating their duty.

https://www.dawn.com/news/1462542
May your judgment speaks for time to come , Brave judge. Im ready for comments like Maryam ka media cell ,Corrupt patwari .You are welcome

So who bought London properties?? Grow up little bit nobody interested in Faiza bad judgement and by the way same level of criticism happens every day on National TV. Case is simple like NS properties how u bought them source and money trail as simple as it is

Why is he screaming if he's innocent, just prove it in the court.
He want's the right to decide the future of many people by being a Supreme Court Judge but refuses to answer anything against him. Double standards, this is what is wrong with our country.

He has no money trail 200% another NS.

Why is he screaming if he's innocent, just prove it in the court.
He want's the right to decide the future of many people by being a Supreme Court Judge but refuses to answer anything against him. Double standards, this is what is wrong with our country.

After this he will go awam ki adalat too

 

[volatile]

o who bought London properties?? Grow up little bit nobody interested in Faiza bad judgement and by the way same level of criticism happens every day on National TV. Case is simple like NS properties how u bought them source and money trail as simple as it is

hahahah I think i touched a live wire , now for properties he has already said this in a clearer way .

 

[mingle]

hahahah I think i touched a live wire , now for properties he has already said this in a clearer way .

Realy??? Where??? Why he is running around like headless chicken?? He has no money trail my Man sorry about that ur great one is on foot steps of NS

 

[Salahuddin Ayyubi]

The day you criticise PMLN once and compliment PTI once. That's the day I won't call you a patwari and a lapdog. You're no different than those PTI jahil patwaris who worship everything Imran Khan does. Unlike both of you groups, I'm balanced and neutral. I will criticise when criticism is due and I will compliment when appreciation is due. Regardless of what party might be. Your comment history shows you're a lapdog, Mariam Safdar has your balls in her hand and you can't even deny because your comment history is for everyone to see .

Only crime for this Judge was judgement on Faiza bad case .
https://www.samaa.tv/news/2019/02/s...olitical-activity-during-the-faizabad-dharna/

THE Supreme Court’s verdict on the Faizabad dharna, delivered on Wednesday, is a searing indictment of state institutions and oversight authorities who have time and again failed the people of this country, either by exceeding their mandate or by abdicating their duty.

https://www.dawn.com/news/1462542
May your judgment speaks for time to come , Brave judge. Im ready for comments like Maryam ka media cell ,Corrupt patwari .You are welcome

 

[1Paki$tani]

Justice Isa smells a rat in presidential reference
Nasir IqbalUpdated August 08, 2019
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Justice Qazi Faez Isa challenged in the Supreme Court on Wednesday the filing of a presidential reference against him, wondering if it was moved by a proxy with mala fide intention to achieve a collateral purpose. — Photo courtesy Supreme Court website/File
ISLAMABAD: Justice Qazi Faez Isa challenged in the Supreme Court on Wednesday the filing of a presidential reference against him, wondering if it was moved by a proxy with mala fide intention to achieve a collateral purpose.

Drafted and filed by Justice Isa himself under Article 184(3) of the Constitution, the 71-page petition sought a declaration that the in-camera hearing on the references by the Supreme Judicial Council (SJC) was without lawful authority and in breach of the fundamental rights.

“This petition is not just about a judge but sends a signal to all, that they too will be subjected to the same treatment if they persist in acting independently and decide cases according to the Constitution and the law by disregarding vested interest,” said Justice Isa, himself a Supreme Court judge, in the petition. It also sought a restraining order against the SJC till the disposal of the petition since the references undermined the independence of the judiciary.

While rebutting the allegations of possessing properties in the United Kingdom in the name of his wife and children, Justice Isa criticised the “unreasonable conduct” of SJC Secretary Arbab Mohammad Arif, who happens to be the Supreme Court registrar, and asked why Barrister Mirza Shahzad Akbar, chairman of the Assets Recovery Unit, and Zia-ul-Mustafa Nasim, the ARU’s legal expert, were carrying out the functions of bureaucracy when they were not civil servants.


In his 71-page petition, the judge wants SC to declare in-camera hearing on references by SJC without lawful authority

“To the best of petitioner’s knowledge both these gentlemen are not civil servants; they are also not bound by the rules of confidentiality applicable to the civil servants,” Justice Isa contended, adding that those not in the service of Pakistan could not be assigned functions of the executive.

The petition wanted to know about the political affiliation of the two gentlemen, especially with the ruling Pakistan Tehreek-i-Insaf or its coalition partners, wondering whether both acted independently. “By whom these two gentlemen have been employed? What were the terms and conditions of employment of these two gentlemen? Are both Pakistani, foreign or dual nationals? What were the past and present political affiliations of the two gentlemen and what were the income status, wealth tax status and history of the two with supporting documents, before and during the present employment?” it asked.

The petition alleged that the SJC secretary had discriminated against Justice Isa by granting every conceivable advantage to the government and two complainants [of private reference]. It said the secretary did not disclose to the SJC that a large number of complaints/references — long before the two references against Justice Isa — were still pending and listed both references out of turn before the council. “As per normal procedure, the rule of first-in-first-out applies and the earlier matters must be listed and decided before subsequent ones, unless of course on account of some urgency,” the petition argued.

It said the SJC did not direct an out-of-turn hearing of the two references, alleging that the secretary, who is a government servant on deputation, must have been pressurised to list both references before all other pending ones. Thus without seeking an order from the council and without giving any reason, the normal procedure was not followed by the SJC secretary when Article 10A guaranteed due process.

The petition asked if the SJC had the jurisdiction to consider the conduct of judge’s wife, examine her income tax history and applicability or non-applicability of Income Tax Ordinance 2001.

https://www.dawn.com/news/1498702/justice-isa-smells-a-rat-in-presidential-reference

so it seems he does not have answers so he is trying to throw his weight around blaming others.

Ok I take it the reference is filed with mala fide intent, so what? does it relief him of his responsibilities?

Why doesnt he show that he has clean hands and therefore he should be able to judge others.

It only shows that he has been caught with his pants down and now trying to wriggle himself out of it.

 

[volatile]

Realy??? Where??? Why he is running around like headless chicken?? He has no money trail my Man sorry about that ur great one is on foot steps of NS

https://www.dawn.com/news/1486390

ISLAMABAD: Justice Qazi Faez Isa, who is facing a referencebefore the Supreme Judicial Council (SJC), on Monday wrote another letter to President Dr Arif Alvi, repeating his request for a copy of the reference.

In the eight-page letter, the Supreme Court judge expressed the confidence that the president will do everything in his power to ensure that all obey the Constitution.

Earlier on May 29, the judge had written a one-page letter to the president, complaining that selective leaks to the media amount to his character assassination, thus jeopardising his right to due process and fair trial.

Read: SC judge writes to Alvi over reference reports

In the fresh letter, which legal observers believe is a kind of a response to allegations being levelled against the judge for keeping three properties in London, Justice Isa said that he might have endured the inquisition tactics employed against him and his family. “But does the matter not suggest something more sinister to undermine the independence of the judiciary?” he asked. The letter went on to say that the judge would not permit this to happen and, as per his constitutional oath, would preserve, protect and defend the Constitution.

Judge wonders whether PM has disclosed in his tax returns the properties owned by his wives and children

If the independence of the judiciary is destroyed, the fundamental rights of people enshrined in the Constitution become little more than words on paper, he feared, adding that the sanctity of the Constitution is of paramount concern to him.

Article 5 stipulates that obedience to the Constitution and law is an inviolable obligation of every citizen, the letter recalled, adding that thus a far greater responsibility rests on those who hold the constitutional offices.

The document complained that the judge and his family had been maliciously maligned by half-truths and innuendoes by members of the government, which was deeply distressing.

If the objective is to invade the private lives and create intrigue by violating the privacy, then why is the whole truth withheld, the letter asked, adding that the judge was compelled to disclose facts with a view to exposing false reports.

Justice Isa said the government sleuths surely know that after completing their education, both the children worked in London and details of three properties disseminated by the government people are those in which they live with their spouses. Those in whose names they stand own the properties and no attempt was ever made to conceal their ownership. The properties were never held under trust, nor were a special purpose vehicle or offshore companies ever created, the letter reminded.

Therefore, it contended that the judge was not under any obligation to disclose his finances/financials, but did so voluntarily because doubts have been cast upon his integrity. The letter stated that the judge was fully compliant with the taxation regime of Pakistan and never received any notice in respect of the properties nor with regard to his wife and children.

Once the judge joined the legal profession, he started filling out the requisite returns and paid the applicable income tax. There is no outstanding demand of the income tax department against the judge nor is there any income tax proceedings pending against him.

The letter wondered whether the prime minister had disclosed in all his tax returns the properties owned by his wives and children. If the prime minister did not do so, he had surely not advised the president to submit the reference.

The letter regretted that due process and fair trial and constitutional protection to the judge has been violated even before the council issued any notice.

Published in Dawn, June 4th, 2019

 

[mingle]

https://www.dawn.com/news/1486390

ISLAMABAD: Justice Qazi Faez Isa, who is facing a referencebefore the Supreme Judicial Council (SJC), on Monday wrote another letter to President Dr Arif Alvi, repeating his request for a copy of the reference.

In the eight-page letter, the Supreme Court judge expressed the confidence that the president will do everything in his power to ensure that all obey the Constitution.

Earlier on May 29, the judge had written a one-page letter to the president, complaining that selective leaks to the media amount to his character assassination, thus jeopardising his right to due process and fair trial.

Read: SC judge writes to Alvi over reference reports

In the fresh letter, which legal observers believe is a kind of a response to allegations being levelled against the judge for keeping three properties in London, Justice Isa said that he might have endured the inquisition tactics employed against him and his family. “But does the matter not suggest something more sinister to undermine the independence of the judiciary?” he asked. The letter went on to say that the judge would not permit this to happen and, as per his constitutional oath, would preserve, protect and defend the Constitution.

Judge wonders whether PM has disclosed in his tax returns the properties owned by his wives and children

If the independence of the judiciary is destroyed, the fundamental rights of people enshrined in the Constitution become little more than words on paper, he feared, adding that the sanctity of the Constitution is of paramount concern to him.

Article 5 stipulates that obedience to the Constitution and law is an inviolable obligation of every citizen, the letter recalled, adding that thus a far greater responsibility rests on those who hold the constitutional offices.

The document complained that the judge and his family had been maliciously maligned by half-truths and innuendoes by members of the government, which was deeply distressing.

If the objective is to invade the private lives and create intrigue by violating the privacy, then why is the whole truth withheld, the letter asked, adding that the judge was compelled to disclose facts with a view to exposing false reports.

Justice Isa said the government sleuths surely know that after completing their education, both the children worked in London and details of three properties disseminated by the government people are those in which they live with their spouses. Those in whose names they stand own the properties and no attempt was ever made to conceal their ownership. The properties were never held under trust, nor were a special purpose vehicle or offshore companies ever created, the letter reminded.

Therefore, it contended that the judge was not under any obligation to disclose his finances/financials, but did so voluntarily because doubts have been cast upon his integrity. The letter stated that the judge was fully compliant with the taxation regime of Pakistan and never received any notice in respect of the properties nor with regard to his wife and children.

Once the judge joined the legal profession, he started filling out the requisite returns and paid the applicable income tax. There is no outstanding demand of the income tax department against the judge nor is there any income tax proceedings pending against him.

The letter wondered whether the prime minister had disclosed in all his tax returns the properties owned by his wives and children. If the prime minister did not do so, he had surely not advised the president to submit the reference.

The letter regretted that due process and fair trial and constitutional protection to the judge has been violated even before the council issued any notice.

Published in Dawn, June 4th, 2019

Told U your great one is going home like NS he has no money trail like Ur NS next stop will be Awam ki. Adalt

 

[HAIDER]

He should answer the questions, no need to waste time. It is matter of millions of pounds, not few thousand rupees

 

[Syed1.]

So basically he is saying who the hell is president of Pakistan to question if the honorary judge sahab has ill-gotten money and assets way beyond his means. Everybody thinks its their baap ka raaj. This kutta qazi should be sent to jail just for challenging the reference. He can sit all day and pass judgements on other people but when he is being questioned he is challenging it. Smacks of khota khory.

 

[Musafir117]

No one above the law
For Pakistan it’s different;(
No one above the establishment
Just for correction.....