SJC summons AGP on June 14 in references against two judges

SC’s Justice Isa, SHC’s Justice Agha facing allegations of misconduct

ISLAMABAD: The Supreme Judicial Council (SJC) has issued a notice to Attorney General for Pakistan (AGP) for June 14 in order to obtain his legal assistance in deciding the maintainability of presidential references against Supreme Court judge Justice Qazi Faez Isa and Sindh High Court judge Justice K K Agha over non-disclosure of their spouses’ foreign properties in their wealth statements.

According to Rule 10(2) of SJC Procedure, Inquiry, 2005, “The council may require the AGP or any other counsel to appear and assist the council in relation to smooth and efficient conduct of its proceedings.”

After obtaining legal assistance, if the council feels appropriate, it may issue show-cause notices to two judges seeking their explanation over the government’s allegations within two weeks. When their reply will be unsatisfactory, then the SJC may initiate trials against them.

The SJC is the only forum for initiating action against judges over misconduct. It consists of five top judges.

Composition of the SJC will be very important in this matter.

Currently, Chief Justice of Pakistan Asif Saeed Khosa, who is retiring in December, is the chairman of the council. Other members are: Justice Gulzar Ahmad, Justice Sheikh Azmat Saeed, Sindh High Court Chief Justice Justice Ahmed Ali M Shaikh and Peshawar High Court Chief Justice Waqar Ahmad Seth.

Legal experts say addition of Justice Sheikh Azmat Saeed as SJC member will be significant as “he is going to retire in August”.

Justice Gulzar is said to be the future chief justice of Pakistan.

In a letter to president, Justice Isa seeks clarity on reference reports

Interestingly, Law Minister Dr Farogh Nasim visited the Supreme Court premises on Thursday. However, it is not clear as to why he came and spent an hour on the premises; however, the Asma Jahangir Group, which is known as Independent Lawyers Group, is blaming Nasim as the ‘mastermind’ behind the references against two judges.

A member of Asma Group says their group decided to give complete support to Justice Isa in the present case, adding that All Pakistan Lawyers Representatives Convention would be held on June 9 to express solidarity with the two judges.

Presently, both the law minister and AGP Anwar Mansoor are associated with the Hamid Khan Group, which had played a key role in the lawyers’ movement in the past.

In the present scenario, the role of senior lawyer Hamid Khan would also be significant.

It is learnt that former chief justice Iftikhar Muhammad Chaudhry has been active to gain lawyers’ support in favour of Justice Isa.

A senior lawyer says that unlike Shaukat Aziz Siddiqi, Justice Isa packs strong support in both the bar and the bench.

Case facts

A senior government official told The Express Tribune that it has been alleged that SC judge’s wife owns three properties abroad and these have not been disclosed in the wealth statement. Likewise, SHC judge wife’s two properties have not been disclosed. The official alleges that non-disclosure is violation of Section 116 of Income Tax Ordinance 2001.

However, renowned lawyer Salman Akram Raja says wealth statement required of a person mandates disclosure of assets held by a spouse only if these were obtained through funds provided by that person and are held as Benami assets. Assets purchased by a spouse in her own right are to be disclosed only in her wealth statement, he adds.

Legal experts said it will be interesting to see whether the spouse is listed as a dependent or not in the tax records of the judge.

Senior lawyers also wonder how the judges’ code of conduct has been violated by not disclosing wife’s property in income tax and wealth statements. They question how the said judge could do anything illegal for his financial benefit when he, unlike his colleagues, did not get a residential plot in Islamabad.

Talking to The Express Tribune, renowned lawyer Faisal Siddiqi says that the reference against Justice Isa has absolutely nothing to do with the accountability of judges but rather the right of accountability is being misused to silence judicial dissent against unconstitutional actions of the state. “All judges should realise that if such a malafide reference against Justice Isa succeeds, no judge will be safe. People should have no doubt that the judicial repression of 2007 is repeating itself in new forms,” Siddiqi added.

SJC can proceed against complainant

Likewise, Rule 14 of SJC Procedure, Inquiry, 2005 states, “Whenever the council finds that the information or evidence provided to it was false in material particulars or with the sole intention to malign a judge, or scandalising the court or to undermine it in any form whatsoever, it may direct action against all those who are found to have provided the said information, or evidence as the case may be.”

It states, “For this purpose, the council may direct the council secretary to pursue the course of action against the offender.”