ISLAMABAD: Judge Qazi Faez Isa filed requests for rejection of the presidential reference against him on Monday and a statement that the president of the Supreme Court of Pakistan and other members of the Supreme Judicial Council (CSJ) were no longer competent To hear the complaint.
Judge Isa also claimed that all pending applications must be resolved before a full court since the matter referred to a reference against a higher court judge and according to the precedent established in SC judgment 2010 in the former case of CJP Iftikhar Mohammad Chaudhry
Several petitions have been instituted before the Supreme Court against the presentation of the presidential reference in the SJC.
The requests presented by Judge Isa himself stated that he was ready to face any reference if it was made in accordance with the law and property, but he regretted that he, his wife and children had been persecuted. He cited a verse from the Holy Quran that stated that persecution was worse than death.
Referring to the SJC order of August 19 to reject a second reference instituted by Waheed Shahzad Butt against him for writing letters to President Arif Alvi, Judge SC regretted that the council has given his opinion regarding the first [presidential] reference, although there was no need to do so.
Request a statement that CJP, other SJC members are no longer competent to hear the complaint
The requests recalled that the SJC order drafted by the CJP, which heads the council, mentioned Judge Isa's letters to the president and then expressed sympathy with Prime Minister Imran Khan and punished the judge sued for dragging the prime minister and his spouses and children. But the council, according to the requests, had overlooked the fact that it was the prime minister on whose advice the first reference was declared by the president.
It was the prime minister who had allegedly dragged the sole spouse of the defendant judge and his two adult children, who were illegally raided through the deployment of intelligence devices and the misuse of public funds, claimed the requests.
The personal data, records and documents of the wife and children of the judge were analyzed, examined, analyzed, dissected and analyzed, including the confidential record maintained by the National Database and Registration Authority, the Federal Investigation Agency, the Office of Passports and Immigration, the Federal Board of Revenue and the Ministry of Interior, said the requests, adding that the mismatched information and documents were used to paint half truths and gather a false reference when launching an insidious attack against the petitioner judge .
The requests also mentioned in detail the two meetings of Judge Isa with the president of the Supreme Court and said that he did not raise these issues simply to assert his fundamental rights, but also because something much more sinister was happening: the destruction of the independence of power judicial. at the hands of an executive who had exceeded the prescribed constitutional limits.
The judge asked the Supreme Court to dismiss the presidential reference for the sole fact that the plaintiff could not establish the accusation made against him as found by the SJC. “The Supreme Court must also declare that the current president (president of the court) and the members of the SJC are no longer competent to hear the reference against Judge Isa because of the alleged bias shown against the defendant judge, demonstrable from the provision of August 19 of the second reference and, in the circumstances, kindly order that the present petition be heard by the entire court comprising all the eligible judges, "the applications declared.
Judge SC also requested the superior court to order the secretary of the SJC to upload on the website of the Supreme Court the provisional answers he had presented to the council, as well as his requests. He also requested the SC to prevent the federal government, the Pakistan Electronic Media Regulatory Authority and all agencies, departments and agencies working under the federal government from interfering with the dissemination of their provisional responses.
Judge Isa also requested an SC statement that the SJC order of August 19 should not be published in any legal publication and, if published, your request would also be published to provide a complete picture to those who read it. Directives should also be issued to initiate appropriate actions, including contempt of legal proceedings, against the complainant of the second reference for filing a false complaint that the SJC finally rejected.
Judge Isa regretted having been a Supreme Court judge for almost five years, but he did not know or was informed about the complaints filed with the SJC, including their number and content; how many of them became references, with how many references the council proceeded, the references taken in the order in which they were received or as determined by the secretary, the orders approved in these references that were rejected, how many references were unsuccessful by flow of time, how many references came during the holidays designated and published in the cusp court, how many proceeded against a judge at a time when he was on vacation during the court holidays, and how many were taken on the eve of the retirement of a main board member.
Judge Isa recalled that when he was the oldest chief judge or the next president of the Baluchistan High Court and became a member of the SJC, the council never met or was given any information about complaints / references against judges.
Published on Dawn, August 27, 2019