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Justice Isa requests SJC to make reference public
By Hasnaat Malik
Published: July 26, 2019
ISLAMABAD : Supreme Court judge Qazi Faez Isa has requested the Supreme Judicial Council (SJC) to make his reply public as the allegations levelled against him are known to the public.
Sources told The Express Tribune that Justice Isa has moved two applications to SJC chairman/Chief Justice of Pakistan Asif Saeed Khosa, wherein he made two requests.
The first request is that the SJC should make his reply public as the allegations against him are known in the public space.
Secondly, he pleaded that the council should share evidentiary sources/relevant material on the basis of which show-cause notice has been issued to him.
Justice Isa had been accused of possessing three properties in the United Kingdom in the name of his wife and children and same were not disclosed in his wealth statements.
Last month, the SC judge had submitted an initial reply on the presidential reference against him and urged the council to make it public.
Later, Attorney General for Pakistan Anwar Mansoor Khan while appearing before the five-member SJC gave his response along with documentary evidences to establish the government’s case against Justice Isa.
After hearing the arguments of the AGP, the SJC on July 12 decided to issue a show-cause notice to Justice Isa. Later, two show-cause notices had been issued to the SC judge on July 16 to submit a written explanation within 14 days.
Now, Justice Isa wants to go through documentary material before giving a reply over the show-cause notice.
According to Rule 9 of the SJC Procedure of Inquiry, 2005, “If the council decides to proceed against a judge, a show-cause notice shall be issued to him along with supporting material calling upon him to explain his conduct within 14 days. On receipt of reply from the judge, the council shall convene its meeting to proceed further with the matter.”
In May this year, President Arif Alvi authorised the filing of references with the SJC against Justice Isa and Sindh High Court judge 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.
In a second letter to the president, the SC judge again requested a copy of the reference filed against him. He also expressed his concerns over the alleged media campaign against him. However, the council issued a show-cause notice for writing letters to the president.
Meanwhile, senior lawyers were recommending Justice Isa to invoke jurisdiction of Article 184 (3) of Constitution by challenging the presidential reference in the Supreme Court on the basis of mala fide.
Even a draft of the petition had also been prepared.
Former Supreme Court Bar Association president Rasheed A Rizvi, while talking to The Express Tribune, said he had suggested to challenge the reference in the apex court on various grounds, especially mala fide of the federal government, after announcement of judgement in the Faizabad sit-in case. “At least all material should be on record to know who are keen to oust Justice Isa.”
Another lawyer revealed that a renowned former SCBA lawyer Munir A Malik would likely lead the legal team, which would contest Justice Isa’s case before the Supreme Judicial Council and the Supreme Court. Currently, he is in the United Stated (US) and is likely to land in Pakistan on July 29.
Interestingly, active lawyers belonging to both Hamid Khan Group and Asma Jahangir Group are backing Justice Isa.
The representatives of lawyers are on the same page that reference is based on mala fide and is against ‘independent judges’.
A senior government official believed that executive and council are interested to get money trail about the purchase of three foreign properties.
Likewise, source of fund should be shared with the council. The SJC had also sought money trail from former Lahore High Court judge Farrukh Irfan who later resigned during the trial.
Further, the government functionaries were very confident that they would prove a case against the SC and they wanted that proceedings against Justice Isa be concluded before retirement of SJC member Justice Sheikh Azmat Saeed on August 28.
On the other hand, Justice Isa’s supporters want the matter to be prolonged till his retirement. After Justice Saeed’s retirement, Karachi-based judge Justice Mushir Alam will be part of SJC.
By Hasnaat Malik
Published: July 26, 2019
ISLAMABAD : Supreme Court judge Qazi Faez Isa has requested the Supreme Judicial Council (SJC) to make his reply public as the allegations levelled against him are known to the public.
Sources told The Express Tribune that Justice Isa has moved two applications to SJC chairman/Chief Justice of Pakistan Asif Saeed Khosa, wherein he made two requests.
The first request is that the SJC should make his reply public as the allegations against him are known in the public space.
Secondly, he pleaded that the council should share evidentiary sources/relevant material on the basis of which show-cause notice has been issued to him.
Justice Isa had been accused of possessing three properties in the United Kingdom in the name of his wife and children and same were not disclosed in his wealth statements.
Last month, the SC judge had submitted an initial reply on the presidential reference against him and urged the council to make it public.
Later, Attorney General for Pakistan Anwar Mansoor Khan while appearing before the five-member SJC gave his response along with documentary evidences to establish the government’s case against Justice Isa.
After hearing the arguments of the AGP, the SJC on July 12 decided to issue a show-cause notice to Justice Isa. Later, two show-cause notices had been issued to the SC judge on July 16 to submit a written explanation within 14 days.
Now, Justice Isa wants to go through documentary material before giving a reply over the show-cause notice.
According to Rule 9 of the SJC Procedure of Inquiry, 2005, “If the council decides to proceed against a judge, a show-cause notice shall be issued to him along with supporting material calling upon him to explain his conduct within 14 days. On receipt of reply from the judge, the council shall convene its meeting to proceed further with the matter.”
In May this year, President Arif Alvi authorised the filing of references with the SJC against Justice Isa and Sindh High Court judge 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.
In a second letter to the president, the SC judge again requested a copy of the reference filed against him. He also expressed his concerns over the alleged media campaign against him. However, the council issued a show-cause notice for writing letters to the president.
Meanwhile, senior lawyers were recommending Justice Isa to invoke jurisdiction of Article 184 (3) of Constitution by challenging the presidential reference in the Supreme Court on the basis of mala fide.
Even a draft of the petition had also been prepared.
Former Supreme Court Bar Association president Rasheed A Rizvi, while talking to The Express Tribune, said he had suggested to challenge the reference in the apex court on various grounds, especially mala fide of the federal government, after announcement of judgement in the Faizabad sit-in case. “At least all material should be on record to know who are keen to oust Justice Isa.”
Another lawyer revealed that a renowned former SCBA lawyer Munir A Malik would likely lead the legal team, which would contest Justice Isa’s case before the Supreme Judicial Council and the Supreme Court. Currently, he is in the United Stated (US) and is likely to land in Pakistan on July 29.
Interestingly, active lawyers belonging to both Hamid Khan Group and Asma Jahangir Group are backing Justice Isa.
The representatives of lawyers are on the same page that reference is based on mala fide and is against ‘independent judges’.
A senior government official believed that executive and council are interested to get money trail about the purchase of three foreign properties.
Likewise, source of fund should be shared with the council. The SJC had also sought money trail from former Lahore High Court judge Farrukh Irfan who later resigned during the trial.
Further, the government functionaries were very confident that they would prove a case against the SC and they wanted that proceedings against Justice Isa be concluded before retirement of SJC member Justice Sheikh Azmat Saeed on August 28.
On the other hand, Justice Isa’s supporters want the matter to be prolonged till his retirement. After Justice Saeed’s retirement, Karachi-based judge Justice Mushir Alam will be part of SJC.
