SC allows Justice Isa to plead his case

ISLAMABAD:

The apex court bench which is hearing a slew of petitions against the Supreme Court’s June 19, 2020 verdict in Justice Qazi Faez Isa case has permitted Justice Isa to plead his own case in view of the illness of his counsel, Munir A Malik.

The 10-judge bench, presided over by Justice Umar Ata Bandial, gave this permission on Tuesday after Malik submitted in writing that he is ill and will not argue Isa’s case during review proceedings.

Earlier, Justice Bandial noted that it sometimes becomes difficult to adopt the right behavior when pleading one’s own case and an advocate is better able to mediate between a client and the court.

“You and I belong to a constitutional institution and we should avoid giving opinions on a number of issues. It is one of the judge’s duties to show patience and restraint. We hope that you will exhibit patience in response to questions and objections,” Justice Bandial said addressing the petitioner judge.

Justice Isa said the bench must admonish him whenever it feels that he [Isa] is crossing the limits.  

Read more: Justice Isa requests SC to permit live broadcast of review plea proceedings

Presenting arguments in support of his request for a live broadcast of the review proceedings, Justice Isa said his family members’ London properties date back to a time when he was not a judge.

“My children were adults when they bought the properties. I have not acquired any property after getting appointed as a Supreme Court judge.”

Justice Isa said his wife, Sarina Isa, had opened a foreign currency account to transfer the money for the sale transaction. “At that time, the foreign currency accounts had a legal cover. “

Discussing the presidential reference that sought his removal over non-disclosure of his family members’ foreign assets, the petitioner judge said the president sent the reference to the chief justice of Pakistan (CJP) on May 23, 2019 and it was leaked to the media on May 29, 2019.

“A propaganda campaign was launched against me and my family. My career as a judge will come to an end when I will become 65-year-old; however, my reputation will outlive me and I don’t want to live with a tarnished reputation,” he added.

Lamenting the present state of affairs, Justice Isa said journalists are being kidnapped in Islamabad but the prime minister says he is unaware of these abductions. He claimed that journalists were subjected to torture but no one bothered to launch an inquiry.

“They will file another reference against me if I name the people responsible for these happenings. People are silenced when you talk about the fall of Dhaka.

“The founder of the nation and my father [who was one of the country’s founding leaders] must be turning in their graves. Right now it seems that we are living in a cesspool and not Pakistan,” he said.

Justice Bandial, however, remarked that this is a court of law which decides legal matters. “You should not go beyond your case. If some journalist is kidnapped then this issue should be taken up as a separate case,” he said.

Justice Manzoor Ahmed, one of the members of the bench, noted that it is not appropriate to discuss everything at every forum. “Qazi sb, don’t get emotional and focus on the case at hand.” Justice Isa replied that “I was getting emotional for the country”.

Talking with reference to Justice Isa’s application for a live broadcast of the case, Justice Bandial said this is not just a legal issue. “It is a matter related to the Supreme Court and the court administration’s policies. Live coverage involves a number of practical issues.”

Justice Isa said there is no mention of live coverage of the parliamentary businesses in the Constitution but the Pakistan Television (PTV) broadcasts the parliamentary proceedings.  

“I have been stigmatized and I must be given a chance to remove this stigma. Live coverage does not lend itself to editing. The review proceedings must be telecast even if the court gives a verdict against me,” Justice Isa said.

In his remarks, Justice Bandial said if the court allowed live coverage of the review proceedings, the state institutions will be used for this purpose and no private camera will be permitted. “We can allow journalists, not capitalists [media houses],” he added.

 On Monday, Justice Isa requested the bench to first decide his application for a live broadcast.

On June 19, 2020, seven judges of a 10-judge bench quashed the presidential reference filed against Justice Isa but also ordered the Federal Board of Revenue (FBR) to conduct an inquiry into the judge’s family members’ foreign assets.

Three judges had opposed the majority order to refer the matter to the FBR for an inquiry. When Justice Isa and a number of other petitioners filed review petitions against the June 19 order, the CJP formed a six-member bench comprising the judges who wrote the majority order.

The petitioners later challenged the constitution of the review bench and requested the court to also include in the bench the three minority judges. The six-judge bench, also headed by Justice Bandial, on December 11, 2020, reserved judgment on the pleas.

The bench on February 22 referred the matter to the CJP, who, on February 23, constituted the 10-judge larger bench to hear review petitions filed against the court’s June 19, 2020 order.