Reference against judges: Not a viable option

Senior govt official says govt would not approve any proposal to file references in the SJC

ISLAMABAD:

A “strong section” of the coalition government is pressing for filing references against the Supreme Court judges who on Tuesday directed the Election Commission of Pakistan (ECP) to hold elections in Punjab on May 14.

However, legal wizards of the ruling parties especially those of the Pakistan Muslim League-Nawaz (PML-N) are against this proposal, warning that it may backfire.

According to sources, one section within the government is advocating moving references against the members of the three-judge bench that delivered Tuesday's verdict.

The bench was led by Chief Justice of Pakistan Umar Ata Bandial and comprised Justice Munib Akhtar and Justice Ijazul Ahsan.

These hawks are facing strong resistance from the legal minds of the ruling alliance.

"I have already advised my party leadership not to consider such a move as it will backfire badly. We should learn lessons from history. Even a military dictator [Pervez Musharraf] faced defeat when he filed a reference against a chief justice [Iftikhar Chaudhry],” said a senior lawyer of the PML-N while requesting anonymity.

He said the Pakistan Tehreek-e-Insaf (PTI) government and the military establishment also faced humiliation when they filed a reference against Justice Qazi Faez Isa. The lawyer said such a move will unify the Supreme Court which is at present facing serious internal divisions.

“The PTI and the lawyers’ community will also take to streets in protest against such references and cause serious troubles for the federal government,” he added.

At present, the Professional Lawyers Group which is regarded as pro-PTI is dominant in the Supreme Court Bar Association and the Lahore High Court Bar Association.

Even senior members of the Independent Lawyers Group also believe that filing of references against the SC judges will be a blunder.

The Independent group, which is regarded as being pro-government, has a majority in the Pakistan Bar Council. However, dynamics have changed at bars and young lawyers are supporting the PTI. It is also witnessed that lawyers always get united whenever a government tries to target a judge.

Sources told The Express Tribune that the government legal team is also resisting the idea of filing references against top court judges. A senior government official said the government would not approve any proposal to file references in the Supreme Judicial Council (SJC).

President Dr Arif Alvi, who was a PTI leader before being elected as the president of the country, will also not forward any such reference to the SJ, they added.

In view of the SC jurisprudence, it is mandatory for the president to apply his mind as to whether the reference forwarded by the government has any substance.

The reference filed against Justice Qazi Faez Isa had to be quashed as the president had not applied his mind before forwarding it to the SJC under Article 209 of the Constitution.

Senior lawyer Akram Sheikh has also opposed the idea of filing references and recommended that the government annul the SC's judgment through legislation in public interest, said a source.

The CJP has discretionary power to initiate proceedings of misconduct against any judge.

A senior PML-N lawyer said when the CJP being the chairman of the SJC has unfettered powers then any move against him will not be successful.

Another lawyer said it will be presumed in the public that the government reference is a reaction to the judge’s April 4 verdict –an impression that will not go in favor of the ruling coalition.

Similarly no reference can be filed against a judge on account of his judicial order.