Justice Qazi Faez Isa. PHOTO: FILE
Sources revealed to The Express Tribune that the SJC has decided to issue show-cause notices both to the Supreme Court judge Qazi Faez Isa and the Sindh High Court (SHC) judge KK Agha. However, there is no official confirmation by the SJC regarding this development.
Attorney General for Pakistan (AGP) Anwar Mansoor Khan, submitting a rejoinder to the written replies of the judges, has submitted documents as evidence to establish allegations of misconduct against them.
The five-judge council led by Chief Justice of Pakistan (CJP) Asif Saeed Khosa on Friday met for more than one hour to examine the evidence submitted by the AGP.
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.
“We have immense evidence to prove case against one judge,” a senior government functionary told The Express Tribune. According to him, the other judge may survive after submission of his reply in which he has submitted details as to how he acquired foreign properties.
“He has also justified why value of properties could not be disclosed in his wealth statement,” he added.
One section of lawyers believes that Justice Isa should challenge the presidential reference in the apex court on grounds of mala fide. They recommend that he should hire service of senior lawyers to plead his case. Even he should have submitted his first reply with the assistance of a senior lawyer, they said.
It will be interesting to see whether Justice Isa requests the SJC to conduct public hearing. However, he has already urged the SJC to make public his 43-page reply. There is strong perception among lawyers that the government's real target is the SC judge and not the SHC judge.
Composition of the SJC is very important in this matter. Currently, CJP Khosa, who is retiring in December, is its chairman. Other members are Justice Gulzar Ahmad, Justice Sheikh Azmat Saeed, the SHC Chief Justice Ahmed Ali M Shaikh and the Peshawar High Court Chief Justice Waqar Ahmad Seth.
Legal experts believe that Justice Sheikh Azmat Saeed’s presence as the SJC member will be significant as he is going to retire on August 28. Justice Gulzar is said to be the future chief justice of Pakistan.
The three SC judges, who are part of the SJC, were also part of the larger bench which on July 28, 2017 disqualified former premier Nawaz Sharif in the Panamagate case. These judges then had also sought money trail from Sharif family for acquiring of London flats.
There is a strong support of Justice Isa in all three smaller provinces. If Justice Isa is removed then there will be no chance of any Balochistan judge to become chief justice of Pakistan in near future.
All Pakistan Lawyers convention will be held in Peshawar today (Saturday). In the convention, lawyers representing different bars will decide future course of action with regard to the presidential references.
Both lawyers groups are supporting Justice Isa. It is also learnt that Lawyers Vigilance Committee has started its work to gather material against incompetent and inefficient judges of high courts.
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