SJC takes up presidential references against judges today

ISLAMABAD: Supreme Judicial Council (SJC) will take up presidential references on Friday (today) against Supreme Court judge Justice Qazi Faez Isa and Sindh High Court judge Justice KK Agha over non-disclosure of foreign properties in their wealth statements. The proceedings will be held in-camera.

Interestingly, three SC judges who are members of SJC were part of larger bench which had disqualified former prime minister Nawaz Sharif on account of non-disclosure of foreign assets in his nomination papers.

The council has already issued notice to Attorney General of Pakistan (AGP) to decide maintainability of presidential references against both judges.

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."

Reference against judges divides lawyers

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. If their reply is unsatisfactory, the SJC may initiate trials against them. Some lawyers say that the matter may be adjourned for a couple of months as summer vacations are continuing.

Composition

The SJC is the only forum for initiating action against judges for misconduct. It consists of five top judges. Currently, Chief Justice of Pakistan Asif Saeed Khosa is the chairman of the council. Other members are: Justice Gulzar Ahmad, Justice Sheikh Azmat Saeed, Sindh High Court Chief Justice Ahmed Ali M Shaikh and Peshawar High Court (PHC) Chief Justice Waqar Ahmad Seth. CJP Khosa is retiring in December, while Justice Sheikh Azmat Saeed will retire in August. Justice Gulzar is the next chief justice of Pakistan. Justice Seth was heading the PHC division bench, which set aside the conviction of 74 individuals by military courts last year on the grounds of ill-will and lack of evidence. The CJP has already urged the lawyers to repose trust on judges in this matter.

Interestingly, all top superior court judges are the beneficiary of previous lawyers' movement. Either they were restored or were appointed after the movement.  If 107 judges were not removed through the July 31, 2009 judgment, then situation might have been different in the courts.

Role of lawyers  

Both sides have been active to gain support of legal community after the filing of presidential reference against the two judges. Security around the SC premises has been heightened.  It has been witnessed that the legal matter has been turned into a political issue and power politics is being witnessed in the bar.

The government wants the superior bars’ call for strike to fail. Insiders reveal that the government is offering posts to few influential lawyers to garner their support in the prevailing situation.

The government also issued notification regarding the appointment of a few law officers this week.  Lawyers who are close to Pakistan Tehreek e Insaf (PTI’s) leader Babar Awan have been active to make the strike unsuccessful whereas a few representatives of superior bars, who are privy to Pakistan Muslim League-Quaid (PML-Q) leadership, are opposing the strike.

A senior lawyer said that the government has been successful to divide the lawyers’ opinion in Punjab. However, he admitted that the situation is different in other three provinces.

A large number of lawyers from Balochistan have already arrived in Islamabad to participate in the sit-in announced by Supreme Court Bar Association (SCBA) President Amanullah Kanrani at SC premises. However, SCBA Secretary Chaudhry Azmatullah, who is from Punjab, is opposing his sit-in call.

PTI senior leader Hamid Khan, who is the head of professional lawyers group, has announced his support in favour of Justice Isa.

On the other hand, the legal wings of major political parties – Pakistan Peoples Party (PPP), Pakistan Muslim League-Nawaz (PML-N), Awami National Party (ANP) and Jamaat i Islami (JI) and others – are also expected to participate in the protests in favour of Justice Isa.

Reference against Justice Isa is discrimination, alleges SCBA chairman

It is learnt that PML-N lawyers will lead the protest.  PML-N senior lawyer Siddique Awan maintained that they will give a “surprise” as how much the legal community is supporting Justice Isa. He made it clear that their protest is not against the judges but against the government.

Another lawyer observed that the main purpose of the lawyers’ protest is to ensure that the proceedings of the SJC are not influenced.  Likewise, retired judges have also been active in garnering support for Justice Isa. Former chief justice Iftikhar Muhammad Chaudhry is contacting lawyers to seek their assistance.  On the other hand, superior bars are unwilling to accept former CJP's role in Justice Isa’s case.

The role of Rawalpindi district bar will be significant to present the show as it had played a leading role in the lawyers' movement. Former president of Lahore High Court Bar Association Taufiq Asif and Sheikh Ehsanuddin are playing a key role in seeking lawyers support.