Plea for Justice: Recusal of Justice Khawaja from bench sought

Bahria Town files petition to SC citing judge’s alleged bias.

ISLAMABAD: Bahria Town has filed a petition in Supreme Court for recusal of Justice Jawwad S Khawaja from the bench hearing the forest department case.

It has been said in the petition that Bahria town and Malik Riaz Hussain are aggrieved over the process and proceedings adopted by the court in the case. Justice Jawwad S Khawaja should recuse himself from this bench.

The petition was filed by Aitzaz Ahsan, counsel for the petitioner. SC returned it with objections. It was said in the petition that the court itself violated article 4, 9 and 25 of the constitution and article 9 of law of evidence and issued different orders against Bahria Town on March 25 and March 31, 2015.

The petition said that the court refused to accept general adjournment of the counsel of Bahria. Town who was abroad.

When Chief Justice (CJ) gave adjournment then it is understood that the case will be adjourned without any hearing and no order of any sort will be issued on that date.

The petition said that the bench has given the decision on the points raised in the case. Therefore, Bahria Town is being reprimanded without being heard.

The petition says that chairman Bahria Town Malik Riaz Hussain had written a letter to Chief Justice of Pakistan (CJP) about the bias of Justice Jawwad S Khawaja. This was a private letter sent to an administrative authority. The writer of this letter did not make it public and this letter was in the knowledge of CJP and its author.

The court even then remarked in its April 9, 2015 order that the lawyer should make public lawyer-client secrets existing between Bahria Town and its lawyers.

The petition further contends that the court has failed to protect the secrets between Bahria Town and its lawyer which transpires deep bias for the petitioner.

The petition prayed that Justice Jawwad S Khawaja should recluse himself from hearing this case. The SC office rejected this petition and returned it.

Bahria town has filed an appeal against this decision.

Published in The Express Tribune, May 6^th, 2015.