Reference against Justice Isa targets judiciary: SC told

Lawyer says president did not proceed as required by Article 209 of Constitution

ISLAMABAD: Senior lawyer Hamid Khan, who is representing the Supreme Court Bar Association (SCBA) and other bar associations in a petition challenging a presidential reference against Justice Qazi Faez Isa, on Wednesday told the apex court that the president should have ensured the independence of the judiciary when accusing a judge of misconduct.

“The right to file a reference should not be exercised to target the judiciary,” he told a ten-judge full-bench of the Supreme Court headed by Justice Umar Ata Bandial.

The lawyer further contended that the president had to make a decision on the reference and inquire into the matter first under Article 209 of the Constitution instead of merely forwarding it to Supreme Judicial Council.

He added that in the past, the president had to state his position when exercising his powers under Article 58 of the Constitution.

Justice Bandial remarked that the president had greater authority back then when martial law had just come to an end. However, he added, now the president's job was to simply follow advice.

The lawyer maintained that the contents of the reference indicated that the judge and his family had been spied upon.

Later, the court adjourned the hearing till Thursday (today).

In the reference that was moved in June this year, the government had accused that the judge had not declared his family members foreign assets in his wealth statement and thus committed misconduct.

The reference claimed that Justice Isa acquired three properties in London on lease in the name of his wife and children between 2011 and 2015.

The Supreme Judicial Council, the constitutional body that hears complaints against judges, started proceedings on basis of the reference. The proceeding was later challenged by a number of petitioners including Justice Isa.

In an earlier hearing, Justice Isa’s counsel Muneer A Malik argued that the chairman of the Asset Recovery Unit and Law Minister Farogh Naseem did not have the authority to investigate a judge of higher judiciary. He said in his client’s case, material was collected through state detectives that could not be considered acceptable.

“There are several instances in the Supreme Court where illegal collection of material had been set aside,” he added. The counsel reiterated that the reference was based on ill intention and filed due to Justice Isa’s verdict in the Faizabad sit-in case.

In the verdict, Justice Isa had questioned role of intelligence agencies in supporting political protests. Malik said the ruling Pakistan Tehreek-e-Insaf and its ally, Muttahida Qaumi Movement, were the parties that filed review petitions against Justice Isa’s verdict in the case.