SJC hears references amid lawyers strike
Council heard arguments from Attorney General Anwar Mansoor but is yet to pass an order about future proceedings
PHOTO: REUTERS
ISLAMABAD:
The Supreme Judicial Council is yet to decide on the presidential references filed against two superior court judges – Supreme Court’s Justice Qazi Faez Isa and Sindh High Court’s (SHC) Karim Khan Agha, sources told The Express Tribune.
A five-member SJC bench comprising Chief Justice of Pakistan Asif Saeed Khosa, Justice Gulzar Ahmed, Justice Sheikh Azmat Saeed, Sindh High Court (SHC) Chief Justice Ahmed Ali M Shaikh and Peshawar High Court (PHC) Chief Justice Waqar Ahmed Seth heard the references amid protests by the legal fraternity which pegs the references as “mala fide”.
In its first meeting, the council heard arguments from Attorney General of Pakistan (AGP) Anwar Mansoor but is yet to pass an order about future proceedings, government sources informed The Express Tribune.
AGP Mansoor was notified by the SJC to appear as a prosecutor and tasked to convince the bench to initiate formal proceedings in the matter against Justice Isa and Justice Agha.
It has been learnt that the council’s in-camera meeting continued for almost one hour, in which the AGP gave his arguments as to how the government’s complaints come under the purview of the code of conduct for judges.
PBC forms committee on a presidential reference
The presidential references were filed against two judges who are widely recognised and acknowledged as independent, upright and competent judges. A former Supreme Court judge – who had taken oath under the 2007 Provisional Constitution Order (PCO) — was hired to file the reference by the Ministry of Law and Justice.
The references accuse the judges of allegedly possessing properties in the United Kingdom.
The move garnered criticism from the legal fraternity with the Supreme Court Bar Association (SCBA) demanding President Dr Arif Alvi’s impeachment for filing the reference, while other bar associations also expressed solidarity with the top court judge.
In a letter to the president, Justice Isa seeks clarity on reference reports
When inquired by the media regarding the outcome of the meeting, a visibly-agitated AGP refused to comment. Official sources reveal that the SJC has prohibited AGP Khan from sharing the details of the SJC proceedings with anyone.
However, a senior official told The Express Tribune that the council did not pass any written order after hearing arguments of AGP. After deliberation among SJC members, the appropriate order will be passed anytime, he added.
According to a senior government official, the SJC has reserved its decision about future proceedings. There are contradictory reports about the atmosphere of the council’s proceedings, he added.
“Government officials say the proceedings were smooth. On the other hand, representatives of superior bars say that one member of the council grilled the AGP over his arguments. However, there is no official confirmation of these reports.
Legal experts opine that either the SJC will issue show cause notice to the two judges seeking their explanation about the government’s complaint against them. They will have two weeks to explain regarding the non-disclosure of foreign properties.
On the other hand, some jurists say that the council may reject the government’s complaint on the ground that it is mala fide.
SCBA, SHCBA condemn references against judges
Up in arms
Meanwhile, lawyers from bar councils across the country staged a protest outside the SC on Friday. Wearing black bands in solidarity with the accused judges, the Supreme Court Bar Council (SCBA) led the protest. SCBA President Amanullah Kanrani burned the copy of reference.
The leadership of the two lawyers’ groups – the Professionals and the Independents -- were present to express solidarity with two judges. Hamid Khan, who is the head of the Professional Lawyers Group, as well as senior lawyers including Kamran Murtaza, Yasin Azad, Sardar Muhammad Aslam and Syed Qulb-i- Hassan were present at the SC premises.
“We are seeing ‘quality of lawyers’ and not the ‘quantity of lawyers’ in the protest,” observed one lawyer. A large number of lawyers from Balochistan were also present in Islamabad to participate in the sit-in. It is pertinent to mention here that Justice Isa hails from Balochistan and is in line to be the next chief justice of the country.
The lawyers also had visible support from the legal wings of major political parties – Pakistan Peoples Party (PPP), Pakistan Muslim League-Nawaz (PML-N), Awami National Party (ANP) and Jamaat-e-Islami (JI) and others – were also present in the protests in favour of Justice Isa.
The Supreme Judicial Council is yet to decide on the presidential references filed against two superior court judges – Supreme Court’s Justice Qazi Faez Isa and Sindh High Court’s (SHC) Karim Khan Agha, sources told The Express Tribune.
A five-member SJC bench comprising Chief Justice of Pakistan Asif Saeed Khosa, Justice Gulzar Ahmed, Justice Sheikh Azmat Saeed, Sindh High Court (SHC) Chief Justice Ahmed Ali M Shaikh and Peshawar High Court (PHC) Chief Justice Waqar Ahmed Seth heard the references amid protests by the legal fraternity which pegs the references as “mala fide”.
In its first meeting, the council heard arguments from Attorney General of Pakistan (AGP) Anwar Mansoor but is yet to pass an order about future proceedings, government sources informed The Express Tribune.
AGP Mansoor was notified by the SJC to appear as a prosecutor and tasked to convince the bench to initiate formal proceedings in the matter against Justice Isa and Justice Agha.
It has been learnt that the council’s in-camera meeting continued for almost one hour, in which the AGP gave his arguments as to how the government’s complaints come under the purview of the code of conduct for judges.
PBC forms committee on a presidential reference
The presidential references were filed against two judges who are widely recognised and acknowledged as independent, upright and competent judges. A former Supreme Court judge – who had taken oath under the 2007 Provisional Constitution Order (PCO) — was hired to file the reference by the Ministry of Law and Justice.
The references accuse the judges of allegedly possessing properties in the United Kingdom.
The move garnered criticism from the legal fraternity with the Supreme Court Bar Association (SCBA) demanding President Dr Arif Alvi’s impeachment for filing the reference, while other bar associations also expressed solidarity with the top court judge.
In a letter to the president, Justice Isa seeks clarity on reference reports
When inquired by the media regarding the outcome of the meeting, a visibly-agitated AGP refused to comment. Official sources reveal that the SJC has prohibited AGP Khan from sharing the details of the SJC proceedings with anyone.
However, a senior official told The Express Tribune that the council did not pass any written order after hearing arguments of AGP. After deliberation among SJC members, the appropriate order will be passed anytime, he added.
According to a senior government official, the SJC has reserved its decision about future proceedings. There are contradictory reports about the atmosphere of the council’s proceedings, he added.
“Government officials say the proceedings were smooth. On the other hand, representatives of superior bars say that one member of the council grilled the AGP over his arguments. However, there is no official confirmation of these reports.
Legal experts opine that either the SJC will issue show cause notice to the two judges seeking their explanation about the government’s complaint against them. They will have two weeks to explain regarding the non-disclosure of foreign properties.
On the other hand, some jurists say that the council may reject the government’s complaint on the ground that it is mala fide.
SCBA, SHCBA condemn references against judges
Up in arms
Meanwhile, lawyers from bar councils across the country staged a protest outside the SC on Friday. Wearing black bands in solidarity with the accused judges, the Supreme Court Bar Council (SCBA) led the protest. SCBA President Amanullah Kanrani burned the copy of reference.
The leadership of the two lawyers’ groups – the Professionals and the Independents -- were present to express solidarity with two judges. Hamid Khan, who is the head of the Professional Lawyers Group, as well as senior lawyers including Kamran Murtaza, Yasin Azad, Sardar Muhammad Aslam and Syed Qulb-i- Hassan were present at the SC premises.
“We are seeing ‘quality of lawyers’ and not the ‘quantity of lawyers’ in the protest,” observed one lawyer. A large number of lawyers from Balochistan were also present in Islamabad to participate in the sit-in. It is pertinent to mention here that Justice Isa hails from Balochistan and is in line to be the next chief justice of the country.
The lawyers also had visible support from the legal wings of major political parties – Pakistan Peoples Party (PPP), Pakistan Muslim League-Nawaz (PML-N), Awami National Party (ANP) and Jamaat-e-Islami (JI) and others – were also present in the protests in favour of Justice Isa.