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01-21-2020, 02:12 PM
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Only SJC can hold inquiry against judge
A ten-member full court headed by Justice Umar Ata Bandial resumed hearing into the identical petitions challenging the Presidential Reference filed against Justice Qazi Faez Isa for allegedly not disclosing his foreign properties in his wealth returns. Other members of the bench are Justice Maqbool Baqir, Justice Manzoor Ahmed Malik, Justice Faisal Arab, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi and Justice Muhammad Qazi Amin Ahmed. Commencing his arguments Senate former chairman Raza Rabbani, counsel for Sindh Bar Council, submitted that Only the Supreme Judicial Council (SJC) is the competent authority to hold an inquiry against a judge of the superior judiciary. The counsel contended that the manner in which an inquiry was started against Justice Qazi Faez Isa by the state functionaries was illegal. “Holding an inquiry against a judge of the superior court through FBR, ISI and FIA is something that will open the floodgate of chaos in the society,” Raza Rabbani submitted. It is pertinent to mention here that apart from Justice Qazi Faez Isa, various Bar Associations including Supreme Court Bar Association (SCBA), Pakistan Bar Council (PBC), Sindh High Court Bar Association, Quetta Bar Association through its president Muhammad Asif Reki, Balochistan Bar Council, Balochistan High Court Bar Association, Sindh Bar Council through former Senate chairman Raza Rabbani as well as senior advocate Abid Hassan Manto and I A Rehman have also challenged the Presidential Reference Mian Raza Rabbani submitted that when a complaint is filed with the Chief Justice of Pakistan against a judge, the Chief Justice refers the complaint to a judge for examining it and when the said judge, after examining the complaint, concludes that a case could be made up, the complaint is referred to the Supreme Judicial Council. Senate former chairman, while referring to the background of the exercise made by the state functionaries like the Asset Recovery Unit (ARU), FIA, involvement of federal minister for law etc before filing of the Presidential Reference against Justice Isa, contended that the Supreme Judicial Council alone is competent to conduct an inquiry against a judge of the superior courts. “In order to maintain the independence of the superior judiciary, the Supreme Judicial Council (SJC) is empowered to examine and assess the conduct of a judge”, Raza Rabbani contended. Justice Faisal Arab, another member of the bench, referred to clause 5 of Article 209 of the Constitution which Mian Raza Rabbani explained while reading out clause 5 and 6 Article 209 of the Constitution. Justice Umar Ata Bandial observed that in this case there is a complaint which is unsubstantiated but there is an allegation against a judge for holding properties abroad, adding that the Council starts its inquiry after issuing a notice to the judge concerned. Justice Bandial questioned as to whether the judge should not respond to the allegations after receiving the Council’s notice. Justice Umar Ata Bandial further observed that prima facie the President was provided contents, adding whether these contents were provided legally or illegally is another matter. However, he questioned the maintainability of the instant petitions challenging the Presidential Reference filed against Justice Qazi Faez Isa. He asked Mian Raza Rabbani whether the instant petitions against the presidential reference would be maintainable given his argument that Only the Supreme Judicial Council is competent to conduct an inquiry into an allegation against a judge. He observed that since the Council has issued notice and also started the proceedings, the Council itself can ask for the collection of material for the instant matter. “Kindly read the facts and enlighten us on the matter”, Justice Bandial asked Mian Raza Rabbani. Rabbani, however, replied that he will argue on the matter and will answer the court queries today (Tuesday), adding that he would also conclude his arguments. Earlier, Rabbani gave the historical background of Article 209 as well as powers of the President. He cited various articles of Constitutions of 1956, 1962, 1973 as well as the Government of India Act 1935, besides deliberating upon the role of the President under Article 48 of the Constitution in exercise of his functions, while acting on advice of the prime minister. The learned counsel touched Article 151 of 1956 Constitution, Article 128 of the 1962 Constitution besides referring to a discussion in the Parliament pertaining to a draft passed by the National Assembly on March 28, 1973 regarding Articles 209, 210 and 211 of the Constitution. Rabbani submitted that the powers of the President were limited with the passage of time, adding that earlier the president was empowered to hold referendum on important national issues and contended that General Ziaul Haq held a referendum in the name of Islam; however, he added that this court is not a political forum hence he avoids to talk on this.The learned counsel, however, contended that as per constitution, now the president is required to take approval from the joint sitting of Parliament for holding a referendum.The court adjourned the hearing till today (Tuesday). أكثر... 
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