SJC hears presidential references against judges

During the in-camera hearing, neither AGP nor Justice Qazi Faez Isa and Justice KK Agha appeared before the SJC


Hasnaat Maik/Saqib Bashir July 02, 2019
Justice Qazi Faez Isa. PHOTO: FILE

ISLAMABAD: The Supreme Judicial Council (SJC) held a second hearing of the references filed against two superior court judges — Justice Qazi Faez Isa and Justice KK Agha on Tuesday.

During the in-camera hearing, which lasted for 10 minutes, neither the attorney general of Pakistan (AGP) nor the accused judges appeared before the SJC.

A partial strike was witnessed at the Islamabad High Court Bar and the district bar association. Lawyers only appeared for important and urgent cases.

Govt files reference against judges allegedly owning properties abroad

Supreme Court Bar Association (SCBA) President Amanullah Kanrani, in a statement, termed the day as a ‘black day’ in the history of the country.

“Justice Isa was chosen to attack the third pillar of the state. Lawyers are not to be sold.”

“We will sit till the Supreme Judicial Council proceedings are over. We need to decide today about our future course of action,” said Kanrani.

A five-member SJC bench – comprising Chief Justice of Pakistan (CJP) Asif Saeed Khosa, Justice Gulzar Ahmed, Justice Sheikh Azmat Saeed, Singh High Court (SHC) Chief Justice Ahmed Ali M Shaikh and the Peshawar High Court (PHC) Chief Justice Waqar Ahmed Seth heard the references against Justice Faez Isa for allegedly possessing properties in the United Kingdom.

Justice Isa has already excused himself from being part of any bench and hearing cases.

On June 15, the same bench held the first hearing of the references amid lawyers’ protests.

The presidential references were filed against Justice Faez Isa and Justice Agha, 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 presidential references against the two judges invited criticism from the legal fraternity with the Supreme Court Bar Association (SCBA) demanding President Dr Arif Alvi’s impeachment for filing the reference and other bar associations also expressing solidarity with the top court judge.

Lawyers from bar councils across the country staged a protest outside the SC on June 15. Lawyers, led by the SCBA, wore black bands in solidarity with the accused judges and also burned copies of references. The leadership of the two leading lawyers’ groups – the Professionals and the Independents — were also present to express solidarity with the judges.

SJC shares reference copy with Justice Qazi Faez Isa

 

‘Doubts over SJC’

All Pakistan Lawyers Action Committee expressed doubts over the conduct of SJC hearing presidential references against Justice Isa and Justice Agha.

A meeting of the committee, under the chairmanship of PBC Vice Chairman Amjad Shah, was held on Tuesday. The committee unanimously resolved that presidential references were based on mala fide and against the SJC rules.

The committee alleged the superior judiciary favoured Peshawar High Court (PHC) chief justice by approving five names, recommended by PHC top judge, for the appointment of additional PHC judges.

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