Pakistan

SC issues notice to PM, president in Justice Isa case

The hearing of the case has been adjourned till October 8

Hasnaat Malik September 24, 2019

Prime Minister Imran Khan and President Arif Alvi. PHOTO: FILE

ISLAMABAD: The Supreme Court of Pakistan on Tuesday issued a notice to all respondents including Prime Minister Imran Khan and President Arif Alvi in Justice Isa case.

Federal Minister for Law and Justice Barrister Farogh Naseem, Attorney General for Pakistan Anwar Mansoor Khan and the Supreme Judicial Council (SJC) are also among the respondents.

A nine-judge bench led by Justice Umar Ata Bandial has given a week’s time to the federal government to submit their responses in the petitions filed by Justice Qazi Faez Isa and nine others against the presidential reference against the superior judge.

The hearing of the case has been adjourned till October 8.

SCBA challenges references against Justice Qazi Faez Isa

The bench noted that all petitioners including Justice Isa had attacked the presidential reference on the ground of ‘mala fide of facts’ and law based on principle laid in former CJP Iftikhar Muhammad Chaudhry’s case.

“It’s a case of anxiety not only for the bar but also bench as well. We have to act in accordance with the law and Constitution,” Justice Bandial observed during the hearing. “This is a very important case and we have no intent to linger on the matter.”

The bench also noted that it can examine Article-211 wherein SJC proceeding cannot be challenged in the court of law while it will also consider whether the president or premier can become party under Article- 248 of the Constitution.

In August, The Supreme Court Bar Association (SCBA) challenged the references filed against SC judge contending that the references are motivated by the judge’s verdict in the Faizabad sit-in case.

The constitutional petition was filed by SCBA through its president, Amanullah Kanrani, and the respondents are the SJC, the president of Pakistan (through the principal secretary to the president), and the federation of Pakistan (through the secretary of law and justice division).

The petitioner contends that the references against Justice Isa “while cloaked in pious proclamations of accountability – are actually rooted in mala fides of fact and law.”