Khudayar Mohla –
While invoking jurisdiction of the top court on Wednesday, a sitting judge of the Supreme Court Justice Qazi Faez Isa urged the court to issue restraining order over proceedings of references filed against him before Supreme Judicial Council (SJC) till final adjudication of the plea in hand.
Justice Qazi Faez Isa personally went to the Institution Branch of the Supreme Court during the course of the day and filed the constitutional petition under Article 183 (3) of the Constitution making President Dr. Arif Alvi, Prime Minister Imran Khan and others as respondents.
Federation of Pakistan through secretary Law and Justice Division, Prime Minister Imran Khan, Federal Law Minister Dr. Faroogh Nasim, Attorney General for Pakistan Anwar Mansoor Khan, Supreme Judicial Council through its Secretary, Arbab Muhammad Arif, Registrar Supreme Court, Mirza Shahzad Akbar, Chairman Assets Recovery Unit of the Prime Minister Secretariat, Ziaul Mustafa Nasim legal Expert, Assets Recovery Unity, Abdul Waheed Dogar, Waheed Shahzad Butt of Lahore were also made respondents whereas he also made Pakistan Bar Council and Supreme Court Bar Association of Pakistan as performa respondents in the matter.
Urging the court to dismiss proceedings of the SJC in the current issue on the ground of maintainability Justice Qazi Faez Isa also requested the court to decide a number of questions of law, submitting, “whether a reference against the petitioner can be filed with regard to matters that had occurred before he was appointed as a Judge of the Supreme Court, that is prior to September 5,201?”.
“Whether the decision the case of Chief Justice of Pakistan Iftikhar Muhammad Chaudhry vs President of Pakistan required that information /complaint against a Judge of the Supreme Court must be laid before the Prime Minister and the President of Pakistan before any collection of material in relation there to could be initiated”.
Justice Qazi Faez Isa also urged the court respectfully to decide whether the SJC have authority jurisdiction to determine a question of law arising out of the Income Tax Ordinance, 2001?
Submitting his 70-page petition in the current matter, Justice Qazi Faez Isa requested the court to declare that references are 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.
“Declare that in camera proceedings of the Hon’able Council in the context of this case are without lawful authority and in breach of fundamental rights”, Justice Qazi Faez isa said in prayer of the petition.
It is important to mention that during May this year, President Dr Arif Alvi authorized filing of references with the SJC against Justice Qazi Faez Isa and Sindh High Court’s Justice KK Agha for allegedly not disclosing their foreign properties in their wealth statements.
Consequently, Justice Isa had written a letter to President Dr. Alvi seeking clarity regarding the reports that the government had filed a reference against him over allegations of misconduct. Copies of the letter were sent to Prime Minister Imran Khan and the apex court as well.
Whereas a Lahore-based lawyer Waheed Shahzad Butt had also field reference against Justice Qazi Faez Isa, stating that Justice Isa violated the code of conduct for members of the judiciary by “writing letters to the president of Pakistan and sharing it with the media”.
