Legal minds term it ‘weak judgment’
Senior lawyers are hopeful that the detailed judgment would give solid reasons as to why the reference is quashed
Justice Qazi Faez Isa. PHOTO: FILE
ISLAMABAD:
Though the Pakistan Bar Council (PBC) and the Supreme Court Bar Association (SCBA) are welcoming the apex court’s order of quashing the presidential reference against Justice Qazi Faez Isa, legal experts are terming the judgment as “weak”, saying it will create no deterrence in stopping the executive authorities from attacking independent judges.
PBC Vice Chairman Abid Saqi has expressed serious reservations over Para 9 of the short order wherein it is held that the Federal Board of Revenue (FBR) chairman shall submit inquiry report to the Supreme Judicial Council (SJC), which may initiate misconduct proceedings against Justice Isa.
“PBC members are deliberating over filing a review petition against the short order,” he added.
Irfan Qadir advocate believes that the order of a majority of judges has given legal assistance to the president to collect further evidence against Justice Isa. Qadir states that the court has kept alive the reference against SC judge.
Interestingly, the short order does not give a clue as to why the presidential reference is quashed and under what ground, constitutional petitions are allowed.
However, senior lawyers are hopeful that the detailed judgment would give solid reasons as to why the reference is quashed.
Presently, the federal government functionaries are satisfied with the short order for different reasons. Firstly, despite quashing of the presidential reference, the matter is not yet over. Similarly, despite giving remarks, the order is silent on the consequences.
A senior lawyer is surprised that the majority order is against those who were not party before the apex court. He wonders as to how the SC could pass direction against Justice Isa spouse and his children.
The order says that notices shall be served at the official residence of Justice Isa in Islamabad through courier service and such other means as may be considered appropriate and shall be deemed served on the respondents (spouse and children) when received at the said address.
“In case any of them is outside the country, it shall be the responsibility of such person to timely file a response, and the proceedings before the commissioner shall not be adjourned or delayed for the reason of non-availability in Pakistan of such person.”
A senior lawyer wonders as to why the court passed such an order against an SC judge’s family, when the Covid-19 situation is at its peak all over the world. It may not be easy for an SC judge’s son to come to Pakistan soon.
One section of the lawyers accuses that Justice Isa’s personal appearance before the bench badly affected the case. They also object over his wife’s statement through video link. The same section was shocked to see two judges join the majority order.
SCBA President Syed Qalb-i-Hassan demanded of Prime Minister Imran Khan to conduct an inquiry against the government functionaries/officials who mismanaged the presidential reference and the army chief’s appointment.
Renowned lawyer Faisal Siddiqui says that when the SC full court quashes a reference, it only shows that the main purpose of this reference was to harass and defame Justice Isa.
Another section says that the superior judiciary has given third consecutive judgment, which may irk the security establishment. Earlier, the court awarded death sentence to former military ruler Pervez Musharaf. The SC order in army chief appointment case also irked the incumbent government.
Though the Pakistan Bar Council (PBC) and the Supreme Court Bar Association (SCBA) are welcoming the apex court’s order of quashing the presidential reference against Justice Qazi Faez Isa, legal experts are terming the judgment as “weak”, saying it will create no deterrence in stopping the executive authorities from attacking independent judges.
PBC Vice Chairman Abid Saqi has expressed serious reservations over Para 9 of the short order wherein it is held that the Federal Board of Revenue (FBR) chairman shall submit inquiry report to the Supreme Judicial Council (SJC), which may initiate misconduct proceedings against Justice Isa.
“PBC members are deliberating over filing a review petition against the short order,” he added.
Irfan Qadir advocate believes that the order of a majority of judges has given legal assistance to the president to collect further evidence against Justice Isa. Qadir states that the court has kept alive the reference against SC judge.
Interestingly, the short order does not give a clue as to why the presidential reference is quashed and under what ground, constitutional petitions are allowed.
However, senior lawyers are hopeful that the detailed judgment would give solid reasons as to why the reference is quashed.
Presently, the federal government functionaries are satisfied with the short order for different reasons. Firstly, despite quashing of the presidential reference, the matter is not yet over. Similarly, despite giving remarks, the order is silent on the consequences.
A senior lawyer is surprised that the majority order is against those who were not party before the apex court. He wonders as to how the SC could pass direction against Justice Isa spouse and his children.
The order says that notices shall be served at the official residence of Justice Isa in Islamabad through courier service and such other means as may be considered appropriate and shall be deemed served on the respondents (spouse and children) when received at the said address.
“In case any of them is outside the country, it shall be the responsibility of such person to timely file a response, and the proceedings before the commissioner shall not be adjourned or delayed for the reason of non-availability in Pakistan of such person.”
A senior lawyer wonders as to why the court passed such an order against an SC judge’s family, when the Covid-19 situation is at its peak all over the world. It may not be easy for an SC judge’s son to come to Pakistan soon.
One section of the lawyers accuses that Justice Isa’s personal appearance before the bench badly affected the case. They also object over his wife’s statement through video link. The same section was shocked to see two judges join the majority order.
SCBA President Syed Qalb-i-Hassan demanded of Prime Minister Imran Khan to conduct an inquiry against the government functionaries/officials who mismanaged the presidential reference and the army chief’s appointment.
Renowned lawyer Faisal Siddiqui says that when the SC full court quashes a reference, it only shows that the main purpose of this reference was to harass and defame Justice Isa.
Another section says that the superior judiciary has given third consecutive judgment, which may irk the security establishment. Earlier, the court awarded death sentence to former military ruler Pervez Musharaf. The SC order in army chief appointment case also irked the incumbent government.