SC to hear govt’s adjournment plea in Justice Isa case today
Govt wants to cool situation down over which AGP was ‘forced to resign’
Justice Qazi Faez Isa. PHOTO: FILE
ISLAMABAD:
The Supreme Court will take up on Monday (today) a federal government’s request for a three-week adjournment in the proceedings of Justice Qazi Faez Isa case.
According to legal wizards, Monday’s hearing before a 10-judge full court will set the trend for future hearings of petitions challenging the presidential reference against Justice Isa.
The government on Friday – through Additional Attorney General Chaudhry Amir Rehman – had sought three weeks adjournment in Justice Isa’s case.
The hearing in the presidential reference took a new turn after former attorney general for Pakistan Anwar Mansoor Khan had levelled allegations against some members of the Supreme Court bench hearing the petitions.
Govt seeks three weeks adjournment in Justice Qazi Faez Isa case
He had to tender his resignation from the coveted post over his contentious remarks that implied that some members of the bench hearing the reference were “privy” to the petition filed by the judge and was also found at a loss for words while defending the federal government in response to the court’s queries.
With the unceremonious departure of Mansoor as chief legal officer of the country, superior bar associations have intensified their efforts aimed at forcing the government to remove Federal Minister for Law and Justice Barrister Dr Muhammad Farogh Naseem.
The Independent group – famously known as the late Asma Jahangir group – that holds majority in the Supreme Court Bar Association and the Pakistan Bar Council has been spearheading a campaign against the law minister.
They believe that his stay in office would affect the remaining course of hearing in the presidential reference.
The Pakistan Bar Council had already demanded of the federal government to “expel” Law Minister Farogh Naseem from the cabinet, accusing him of masterminding “the conspiracy against the judiciary”.
On the other hand, the law minister has succeeded in rallying the Punjab Bar Council around him. In a statement, the PbBC condemned its mother organisation – the Pakistan Bar Council – demand of the law minister to resign.
New AGP may not plead Justice Isa reference
Meanwhile, Supreme Court Bar Association President Syed Qalbe Hassan blamed the law minister for trying to divide the legal fraternity after his “failure to create a rift in the judiciary”.
He, however, claimed that his rival group has also been backing the demand of the law minister’s removal from the cabinet.
PBC Vice Chairman Abid Saqi told The Express Tribune that he would file a petition on Monday for pursuing contempt proceedings against the law minister.
“The PBC welcomes the resignation of Anwar Mansoor Khan as attorney general for Pakistan over his unwarranted remarks against judges,” he added.
It is learnt that one section in the PTI government has been supporting lawyers against the law minister. "We have received some indications that the government is considering replacing law minister over his failure in maintaining cordial relations with bars,” says a representative of the superior bar.
“We have already conveyed to the government that as long as the law minister stays, the government should not expect cooperation from us on legal issues,” he added.
He also revealed that the names of a few lawmakers were under consideration for the post.
The legal fraternity believes the former attorney general’s unwarranted statement had severely undermined the government’s position in the case.
A senior lawyer said Mansoor’s remarks had done what Justice Isa’s legal team could not in the last five months.
Post-AGP exit: Who will plead presidential reference against Justice Isa?
Since October 2019, the full court remained visibly divided on different law points, with a few judges questioning the maintainability of the petition in view of Article 211 of the Constitution.
However, during the last hearing it was witnessed that the bench had given a tough time to the former attorney general and questioned the government’s contentions in filing the presidential reference.
It has to be seen if the former AGP’s “forced resignation” would be enough to control the damage. It is learnt that the government wants to cool the situation down and is seeking three weeks adjournment precisely for the same reason.
At present, it is not yet clear who will plead the case. A senior PTI lawyer says that the law minister has expressed his willingness to argue on behalf of the government.
However, the government is going for a three-week gap as the best option to avoid clash of institutions.
Newly appointed Attorney General for Pakistan Khalid Javed Khan will not plead the presidential reference as he has already in the past expressed his opinion in favour of Justice Isa.
The government had forced Mansoor to tender his resignation as it believed that his remarks had not only damaged its reputation but could also potentially set the executive on a collision course with the judiciary.
In fact, the government submitted a statement before the Supreme Court on Thursday distancing itself from Mansoor’s comments.
It maintained that the remarks were “totally uncalled for” and passed “without the instructions and knowledge of the federal government”.
The statement, filed by Law Minister Naseem and PM’s aide Shahzad Akbar, read that the federal government and the law ministry held the superior judiciary in the “highest respect and esteem”.
“The federal government and answering respondents verily believe in rule of law, constitutionalism and independence of the judiciary.”
However, Mansoor told a TV channel that both the law minister and the PM’s aide were aware of what he was going to say in the court about the judges and had also appreciated his statement when the proceedings concluded that day.
The full court will also consider the unconditional apology submitted by former AGP over his statement.
The one-page apology states that Mansoor has the highest regard and respect for the court and cannot think of passing any adverse comment against the honour and integrity of the court.
“The undersigned is sorry and withdraws his statement made on February 18 and unconditionally appologises for having made the same," read the statement.
A discussion has also started on the fate of the presidential reference as the new AGP may suggest the government to withdraw it, suggesting that first, the FBR should send a notice to the SC judge’s spouse over non-disclosure of assets.
A senior lawyer believes that the apex court would try to dispose of the judge’s case at the earliest.
The Supreme Court will take up on Monday (today) a federal government’s request for a three-week adjournment in the proceedings of Justice Qazi Faez Isa case.
According to legal wizards, Monday’s hearing before a 10-judge full court will set the trend for future hearings of petitions challenging the presidential reference against Justice Isa.
The government on Friday – through Additional Attorney General Chaudhry Amir Rehman – had sought three weeks adjournment in Justice Isa’s case.
The hearing in the presidential reference took a new turn after former attorney general for Pakistan Anwar Mansoor Khan had levelled allegations against some members of the Supreme Court bench hearing the petitions.
Govt seeks three weeks adjournment in Justice Qazi Faez Isa case
He had to tender his resignation from the coveted post over his contentious remarks that implied that some members of the bench hearing the reference were “privy” to the petition filed by the judge and was also found at a loss for words while defending the federal government in response to the court’s queries.
With the unceremonious departure of Mansoor as chief legal officer of the country, superior bar associations have intensified their efforts aimed at forcing the government to remove Federal Minister for Law and Justice Barrister Dr Muhammad Farogh Naseem.
The Independent group – famously known as the late Asma Jahangir group – that holds majority in the Supreme Court Bar Association and the Pakistan Bar Council has been spearheading a campaign against the law minister.
They believe that his stay in office would affect the remaining course of hearing in the presidential reference.
The Pakistan Bar Council had already demanded of the federal government to “expel” Law Minister Farogh Naseem from the cabinet, accusing him of masterminding “the conspiracy against the judiciary”.
On the other hand, the law minister has succeeded in rallying the Punjab Bar Council around him. In a statement, the PbBC condemned its mother organisation – the Pakistan Bar Council – demand of the law minister to resign.
New AGP may not plead Justice Isa reference
Meanwhile, Supreme Court Bar Association President Syed Qalbe Hassan blamed the law minister for trying to divide the legal fraternity after his “failure to create a rift in the judiciary”.
He, however, claimed that his rival group has also been backing the demand of the law minister’s removal from the cabinet.
PBC Vice Chairman Abid Saqi told The Express Tribune that he would file a petition on Monday for pursuing contempt proceedings against the law minister.
“The PBC welcomes the resignation of Anwar Mansoor Khan as attorney general for Pakistan over his unwarranted remarks against judges,” he added.
It is learnt that one section in the PTI government has been supporting lawyers against the law minister. "We have received some indications that the government is considering replacing law minister over his failure in maintaining cordial relations with bars,” says a representative of the superior bar.
“We have already conveyed to the government that as long as the law minister stays, the government should not expect cooperation from us on legal issues,” he added.
He also revealed that the names of a few lawmakers were under consideration for the post.
The legal fraternity believes the former attorney general’s unwarranted statement had severely undermined the government’s position in the case.
A senior lawyer said Mansoor’s remarks had done what Justice Isa’s legal team could not in the last five months.
Post-AGP exit: Who will plead presidential reference against Justice Isa?
Since October 2019, the full court remained visibly divided on different law points, with a few judges questioning the maintainability of the petition in view of Article 211 of the Constitution.
However, during the last hearing it was witnessed that the bench had given a tough time to the former attorney general and questioned the government’s contentions in filing the presidential reference.
It has to be seen if the former AGP’s “forced resignation” would be enough to control the damage. It is learnt that the government wants to cool the situation down and is seeking three weeks adjournment precisely for the same reason.
At present, it is not yet clear who will plead the case. A senior PTI lawyer says that the law minister has expressed his willingness to argue on behalf of the government.
However, the government is going for a three-week gap as the best option to avoid clash of institutions.
Newly appointed Attorney General for Pakistan Khalid Javed Khan will not plead the presidential reference as he has already in the past expressed his opinion in favour of Justice Isa.
The government had forced Mansoor to tender his resignation as it believed that his remarks had not only damaged its reputation but could also potentially set the executive on a collision course with the judiciary.
In fact, the government submitted a statement before the Supreme Court on Thursday distancing itself from Mansoor’s comments.
It maintained that the remarks were “totally uncalled for” and passed “without the instructions and knowledge of the federal government”.
The statement, filed by Law Minister Naseem and PM’s aide Shahzad Akbar, read that the federal government and the law ministry held the superior judiciary in the “highest respect and esteem”.
“The federal government and answering respondents verily believe in rule of law, constitutionalism and independence of the judiciary.”
However, Mansoor told a TV channel that both the law minister and the PM’s aide were aware of what he was going to say in the court about the judges and had also appreciated his statement when the proceedings concluded that day.
The full court will also consider the unconditional apology submitted by former AGP over his statement.
The one-page apology states that Mansoor has the highest regard and respect for the court and cannot think of passing any adverse comment against the honour and integrity of the court.
“The undersigned is sorry and withdraws his statement made on February 18 and unconditionally appologises for having made the same," read the statement.
A discussion has also started on the fate of the presidential reference as the new AGP may suggest the government to withdraw it, suggesting that first, the FBR should send a notice to the SC judge’s spouse over non-disclosure of assets.
A senior lawyer believes that the apex court would try to dispose of the judge’s case at the earliest.