Lawyers put heads together for Justice Isa's case
Legal reps close to judge reveal that he is not interested in approaching apex court as he wants to contest on merit
Justice Qazi Faez Isa. PHOTO: FILE
ISLAMABAD :
Senior lawyers have intensified their consultations to evolve legal strategy to secure Justice Qazi Faez Isa, who is facing presidential reference of misconduct for not disclosing foreign properties of his wife in wealth statement.
Several senior lawyers are recommending Justice Isa to invoke jurisdiction of Article 184 (3) of Constitution by challenging the presidential reference in the Supreme Court on the basis of mala fide.
Lawyers close to Justice Isa reveal that the Supreme Court judge himself is not very much interested in approaching the apex court as he wants to contest case on merit. However, final decision would be taken after thorough consideration with senior lawyers and top bar representatives.
It is learnt that a meeting of all ex-Supreme Court Bar Association presidents would be convened in Lahore next week to devise future strategy on the matter. Likewise, SCBA President Amanullah Kanrani will hold press conference on Thursday (today).
Former Supreme Court Bar Association president Rasheed A Rizvi, while talking to The Express Tribune said that he had suggested to challenge the reference in the apex court on various grounds especially mala fide of the federal government after announcement of judgment in Faizabad Dharna case.
"At least all material should be on record to know who are keen to out Justice Isa."
Another lawyer reveals that renowned lawyer ex-SCBA president Munir A Malik will lead the legal team, which will contest Justice Isa case before Supreme Judicial Council and Supreme Court. Currently, he is in the United Stated (US) and is likely to land in Pakistan on July 29.
Malik will be assisted by senior and young well-reputed lawyers. Behind the scene, former chief justice Iftikhar Muhammad Chaudhry is also playing his role for the survival of 'outspoken judge'.
Interestingly, lawyers belonging to both Hamid Khan Group and Asma Jahangir Group will be part of Justice Isa's legal team. The representatives of lawyers are on same page that reference is based on mala fide and is against 'independent judges'.
On the other hand, few senior lawyers believe there is also a need to understand whether the SC judge has cordial relationship with the bench as that will determine his fate. It has been witnessed that Justice Isa dissented with the views of fellow judges in high profile cases. Even he also raised questions in jurisprudence evolved through Panamagate July 28, 2017 verdict.
Pakistan Bar Council Vice Chairman Amjad Shah has taken strong exception to Chief Justice of Pakistan Asif Saeed Khosa's statement that lawyers should launch a movement for the restoration of nobility of legal profession (Tehrik Izat-e-Bahali Wukula).
PBC vice chairman says that lawyers are standing with rule of law and supremacy of constitution. "Even judges should start movement for the restoration of 'respect' after Judge Arshed Malik episode. Likewise, lawyers are well aware about the judges' conduct in the affairs of Judicial Commission of Pakistan and Supreme Judicial Council", he added.
On the other hand, the government functionaries are very confident that their move against Justice Isa will be successful after outcome of three SJC meetings. Even the council also issued second show cause notice to SC judge for writing three letters to president of Pakistan.
A senior government official believes that executive and council are interested to get money trail about the purchase of three foreign properties. Likewise, source of fund should be shared with the council. The SJC had also sought money trail from ex-Lahore High Court judge Farrukh Irfan who later resigned during the trial.
It is also learnt that the government is interested to conclude proceedings against Justice Isa before retirement of SJC member Justice Sheikh Azmat Saeed on August 28.
On the other hand, Justice Isa's supporters want that the matter be prolonged till his retirement. After Justice Saeed's retirement, Karachi based judge Justice Mushir Alam will be part of SJC.
A former law officer believes that if a case of mala fide can be made out then Constitutional petition may lie.
"Second show cause came as a surprise to me though I would have strongly advised against writing letter to the President. Clubbing of a private and unrelated Reference with President's complaint was somewhat puzzling and needs to be explored. I don't see how this second show cause was given precedence over all other pending private complaints. This may be a case of legal not factual mala fide, if at all. His legal team will need to examine all these things", he adds.
SJC has given 14 days to give written reply over two show cause notices received by Justice Isa on July 16.
Senior lawyers have intensified their consultations to evolve legal strategy to secure Justice Qazi Faez Isa, who is facing presidential reference of misconduct for not disclosing foreign properties of his wife in wealth statement.
Several senior lawyers are recommending Justice Isa to invoke jurisdiction of Article 184 (3) of Constitution by challenging the presidential reference in the Supreme Court on the basis of mala fide.
Lawyers close to Justice Isa reveal that the Supreme Court judge himself is not very much interested in approaching the apex court as he wants to contest case on merit. However, final decision would be taken after thorough consideration with senior lawyers and top bar representatives.
It is learnt that a meeting of all ex-Supreme Court Bar Association presidents would be convened in Lahore next week to devise future strategy on the matter. Likewise, SCBA President Amanullah Kanrani will hold press conference on Thursday (today).
Former Supreme Court Bar Association president Rasheed A Rizvi, while talking to The Express Tribune said that he had suggested to challenge the reference in the apex court on various grounds especially mala fide of the federal government after announcement of judgment in Faizabad Dharna case.
"At least all material should be on record to know who are keen to out Justice Isa."
Another lawyer reveals that renowned lawyer ex-SCBA president Munir A Malik will lead the legal team, which will contest Justice Isa case before Supreme Judicial Council and Supreme Court. Currently, he is in the United Stated (US) and is likely to land in Pakistan on July 29.
Malik will be assisted by senior and young well-reputed lawyers. Behind the scene, former chief justice Iftikhar Muhammad Chaudhry is also playing his role for the survival of 'outspoken judge'.
Interestingly, lawyers belonging to both Hamid Khan Group and Asma Jahangir Group will be part of Justice Isa's legal team. The representatives of lawyers are on same page that reference is based on mala fide and is against 'independent judges'.
On the other hand, few senior lawyers believe there is also a need to understand whether the SC judge has cordial relationship with the bench as that will determine his fate. It has been witnessed that Justice Isa dissented with the views of fellow judges in high profile cases. Even he also raised questions in jurisprudence evolved through Panamagate July 28, 2017 verdict.
Pakistan Bar Council Vice Chairman Amjad Shah has taken strong exception to Chief Justice of Pakistan Asif Saeed Khosa's statement that lawyers should launch a movement for the restoration of nobility of legal profession (Tehrik Izat-e-Bahali Wukula).
PBC vice chairman says that lawyers are standing with rule of law and supremacy of constitution. "Even judges should start movement for the restoration of 'respect' after Judge Arshed Malik episode. Likewise, lawyers are well aware about the judges' conduct in the affairs of Judicial Commission of Pakistan and Supreme Judicial Council", he added.
On the other hand, the government functionaries are very confident that their move against Justice Isa will be successful after outcome of three SJC meetings. Even the council also issued second show cause notice to SC judge for writing three letters to president of Pakistan.
A senior government official believes that executive and council are interested to get money trail about the purchase of three foreign properties. Likewise, source of fund should be shared with the council. The SJC had also sought money trail from ex-Lahore High Court judge Farrukh Irfan who later resigned during the trial.
It is also learnt that the government is interested to conclude proceedings against Justice Isa before retirement of SJC member Justice Sheikh Azmat Saeed on August 28.
On the other hand, Justice Isa's supporters want that the matter be prolonged till his retirement. After Justice Saeed's retirement, Karachi based judge Justice Mushir Alam will be part of SJC.
A former law officer believes that if a case of mala fide can be made out then Constitutional petition may lie.
"Second show cause came as a surprise to me though I would have strongly advised against writing letter to the President. Clubbing of a private and unrelated Reference with President's complaint was somewhat puzzling and needs to be explored. I don't see how this second show cause was given precedence over all other pending private complaints. This may be a case of legal not factual mala fide, if at all. His legal team will need to examine all these things", he adds.
SJC has given 14 days to give written reply over two show cause notices received by Justice Isa on July 16.