Justice Isa challenges presidential reference

Asks top court to dismiss references filed against him with ‘malice, ulterior motives’

ISLAMABAD: Justice Qazi Faez Isa has challenged the presidential reference against him in the Supreme Court on Wednesday and has requested the top court to issue a restraining order over Supreme Judicial Council proceedings till the court decides on his petition.

Justice Isa personally went to the institution bench of the SC to file a constitution petition under Article 183 (3) of the Constitution.

The apex court judge has also challenged another reference filed by a Lahore-based lawyer Waheed Shahzad Butt stating that he had violated the code of conduct for members of the judiciary by "writing letters to the president of Pakistan and sharing it with the media".



Justice Isa, in his petition, has asked the court to dismiss the references filed against him with "malice, ulterior motives and to achieve a collateral purpose".

He also argued that the references undermine the independence provided to the judiciary under the Constitution.

The SC judge has asked the court to declare the in-camera proceedings of the SJC unlawful and in breach of fundamental rights.

He made both the superior bars— Pakistan Bar Council and Supreme Court Bar Association—respondents in the 70-page petition.

A total of 13 respondents have been named in the petition including government functionaries, departments and bars.

Justice Isa has raised serious questions over the conduct of president, prime minister, law minister, Attorney General of Pakistan and others.



He said that both references against him were motivated, filed with malice aforethought, filed for ulterior motives, to achieve a collateral purpose and to humiliate, subjugate and browbeat the judiciary, destroy the judiciary's independence and make the judiciary subservient to the executive by subverting the Constitution.

According to Justice Isa, the respondents have violated a number of fundamental rights enshrined in the Constitution, including Articles 10A, 12, 14, 19 and 19A, the enforcement whereof is also sought. Without an independent judiciary, the rights of the people, particularly their fundamental rights will be rendered illusory and meaningless.

The Constitutional edifice is raised on the principle of separation of powers between the legislature, executive and the judiciary, when the balance is disrupted the state and ultimately the people suffer. This petition is not just about the petitioner being an individual judge but about something far bigger and important.



When the petitioner asked for a copy of Reference No.1 and complained about his character assassination, vilification, defamation and persecution Reference No. 427 emerged, which basically delivers the message that judges and their families must not complain and suffer in silence.

Justice Isa raised questions over the conduct of Supreme Court Registrar Dr Arbab Arif who is secretary SJC in his case. He also objected over the language used by AGP in his rejoinder.

About writing letter to the president, Justice Isa has referred to his meeting with Chief Justice of Pakistan Asif Saeed Khosa after immediate filing of reference.

Petitioner met with the Honourable Chief Justice, who is also the Chairman of the Council, and requested for a copy of Reference No. 1, but the request of the Petitioner was not acceded to.



The Petitioner then thought of writing to the President to ask him for a copy of Reference No. 1, however, before doing so, the Petitioner informed the Chief Justice/Chairman that he intended to write to the President to ask him for a copy of the Reference No. 1, since its copy had not been provided to him.

The Petitioner went to meet the Honourable Chief Justice in his Chamber.

To the best of the Petitioner's recollection, the following exchange then took place between the Honourable Chief Justice and the Petitioner (or words to the effect):

Petitioner: Sir, since I don't have a copy of the reference, I was thinking of writing to the President to ask him for it?
HCJP: Why do you want to do so?
Petitioner: Sir, should I not do so?
HCJP: It is up to you but why do you want to complicate matters.
Petitioner: Are you telling me not to do so.
HCJP: No, it is not for me to say so.
Petitioner: Sir, should I write directly or through the Registrar?
HCJP: I don't know. I've never written. It is up to you how you send it.

The short meeting was extremely pleasant and the Hon'ble Chief Justice even shared a joke with the petitioner, says the petition.

The petition further states that Justice Isa is not answerable for his wife or adult-children nor is he under any obligation to disclose any information concerning them.

Under these circumstances, the petitioner is compelled to disclose certain incontrovertible facts about his wife and adult-children, says the petition.