ISLAMABAD: The Supreme Court (SC) on Tuesday issued notices to President Arif Alvi, Prime Minister Imran Khan and others in a petition, filed by Justice Qazi Faez Isa, challenging the presidential reference filed against him for allegedly not disclosing the foreign properties in his wealth returns.A nine-member bench of the apex court, headed by Justice Umar Ata Bandial, resumed hearing in the petition filed by Justice Faez Isa as well as the bar associations and bar councils, challenging the presidential references, filed against two judges of the superior courts.Other members of the bench include Justice Maqbool Baqir, Justice Manzoor Ahmed Malik, Justice Faisal Arab, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi and Justice Muhammad Qazi Amin Ahmed.The court also issued notice to Attorney General for Pakistan with the direction to submit written reply before the next date of hearing.“We will issue notice to you and you are required to submit reply as important issues have been raised in the petition,” Justice Umar Ata Bandial told Aamir Rehman, additional attorney general.The law officer assured the court that they would submit reply before the next hearing date. “It will be better if you file the reply before one week of date of next hearing,” Justice Faisal Arab, another member of the bench, told the AAG.Justice Faez Isa, senior judge of the Supreme Court, had challenged before the SC the presidential reference filed against him. He had prayed to declare that the presidential reference and the complaint seeking his removal were mala fide, filed with malice aforethought, filed for ulterior motives and to achieve a collateral purpose and, therefore, are not maintainable and liable to be dismissed.Similarly, he had also prayed to declare that in-camera proceedings of the Supreme Judicial Council in the context of the case were without lawful authority and in breach of fundamental rights.The 70 page petition drawn, drafted and filed by Justice Qazi Faez Isa himself had made President of Pakistan, the Federation through the Secretary Law and Justice Division, Prime Minister Imran Khan, Federal Minister for Law Dr Farogh Naseem, Attorney General Anwar Mansoor Khan, the Supreme Judicial Council, through its Secretary, Registrar Supreme Court Arbab Arif, Mirza Shahzad Akbar, Ziaul Mustafa Nasim, legal expert, Abdul Waheed Dogar, Complainant in Special Reference No 1 and Waheed Shahzad Butt, Complainant in Reference No 427/2019/SJC as respondents.Similarly, he also made Pakistan Bar Council through its Secretary and Supreme Court Bar Association (SCBA) through its President as Proforma Respondents against whom Justice Isa has not sought any relief.On Tuesday, Justice Bandial observed that this is very important case and a matter related to their fellow judge hence the court will have to act in accordance with law and constitution.“This is very important case and you are required to be well prepared for the next hearing as various issues have been raised in the petition,” Justice Bandial told the law officer.The judge further observed that the instant case is a cause of anxiety not only for the bar but also the bench as well. “We need a short span of time, not long adjournment,” Justice Bandial remarked.The judge noted that since president and prime minister enjoy immunity under Article 248 of the Constitution, they will also examine as to whether they could be impleaded as party in the instant matter.The court observed that all the petitioners have challenged the presidential reference on the grounds of mala fide of facts and law based on principle laid down in the judgment delivered by the apex court in the case of former chief Justice Iftikhar Muhammad Chaudhry.The court noted that it could examine Article-211 wherein SJC proceeding could not be challenged in the court of law. “But you may press Article 248 of the Constitution,” Justice Bandial told AAG with a smile on his face.The court directed that all petitioners should convince it over the exemption granted to the prime minister and the president during the course of hearing.The court later adjourned further hearing till Oct 8.Earlier, the court while commencing the hearing noted that Munir A Malik, counsel for Justice Qazi Faez Isa was not well and on adjournment while one of its members is not available on the bench. Hence the court ruled that notices would be issued to all respondents.Senior lawyer Iftikhar Hussain Gillani informed the court that he had also filed two constitutional petitions on behalf of Peshawar High Court Bar Association and Khyber-Pakhtunkhwa Provincial Bar Council, adding that both the petitions should also be clubbed with the instant matter.The court assured the lawyer that it would be clubbed with the petitions. Apart from Justice Qazi Faez Isa, the presidential reference had also been challenged by nine other petitioners including Supreme Court Bar Association (SCBA), the Pakistan Bar Council (PBC), Abid Hasan Minto, Abdul Basit, who heads the High Court Bar Association, Quetta, Muhammad Asif Reki, the President of Quetta Bar Association, the Sindh High Court Bar Association, the Balochistan Bar Council and the Sindh Bar Council.
09-25-2019, 07:22 PM
SC issues notices to president, PM in Justice Faez Isa case
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