PBC seeks SJC reasons for taking up Faez Isa case out of turn – Pakistan

ISLAMABAD: The Pakistan Bar Council (PBC), the mother's regulatory body of lawyers, asked the higher court on Friday to address the secretary of the Supreme Judicial Council (SJC) to explain why the presidential reference against the judge was withdrawn Qazi Faez Isa turned.

The PBC, which had previously filed a petition with the Supreme Court challenging the submission of the presidential reference against the high-ranking judge of the SC, filed a new request with the request that the bank of the full court can order the secretary of the SJC that provides at least some information about the dates of submission of all references, the dates of your hearing and the results of each reference.

None of these details were protected by confidentiality in the SJC procedure, the application argues.

New application submitted to the full court

The SC bank of the full court composed of 10 judges is listening to the arguments of the principal lawyer Muneer A. Malik for the petitioner judge Faez Isa, who is trying to convince the bank that the reference has been presented with bad intention and that it should Declare illegal.

The new two-page application submitted under the 1980 Supreme Court Rules stated to the SC that the PBC in its petition had raised fundamental questions regarding the operation of the SJC regarding taking the references out of turn, not publishing the findings of all the references provided and the session of its members in the council against whom supposedly there may be pending references, which violates several provisions of the Constitution and the law.

The request for complete information on the outcome of other references had previously germinated from the demands of the representatives of PBC and the Supreme Court Court (SCBA), and through a public announcement from the SJC.

On June 15, when the SJC procedures in presidential references against Judge Faez Isa and Judge K.K. Agha was accepted from the Sindh High Court, it was explained that the SJC had received 426 complaints or references and all were processed.

It was said that 398 cases were eliminated and another 28 cases, including the two presidential references, were pending before the SJC. "All these cases are in process and will be eliminated in due course," the SJC announcement added.

Last month, while speaking at the inauguration ceremony of the new 2019-20 judicial year, the president of the Supreme Court, Asif Saeed Khosa, noted that some progress had been made in the three complaints received by the council after the presentation of the presidential references. The president of the court in reference to the pending proceedings before the SJC had recalled that the decision to disclose any information on the matter to the public rests with the SJC and not with a party or the general public, since this approach was also based on A solid public policy. .

In total, 56 private complaints or "information" were pending before the SJC at the beginning of the last judicial year in September 2018. During the last judicial year, 102 complaints or more information were filed with the council. The president of the Supreme Court said that 149 of those complaints / information were duly processed and eliminated by the council during the last judicial year and there are currently nine complaints / references pending before the council, including two references, presented by the president.

In its new request, the PBC expressed the hope that a detailed response would be submitted to the apex court with the relevant data and the record "on behalf of the SCJ".

At least, according to the request, it was expected that the dates of submission of all references, the dates of their hearing and the results of each reference would be provided as none of these details were protected by confidentiality.

The details were more relevant to the hearing and the decision on the petitions before the SC, the PBC said.

In the light of the above reasons, the request asked the SC to order the SJC secretary to present the record and the details required to decide the questions presented to it through the titled petitions.

In addition to the PBC, a petition by lead lawyer Abid Hasan Minto and the rights activist I.A. Rehman is also pending before the full court in which a statement has been submitted that taking presidential references out of turn was an exercise of arbitrary power and bad faith by the SJC secretary.

"Neither the constitution nor the procedure regarding the SJC hearing establishes any preference or priority for a matter referred by the president in opposition to the information received from other sources," the petition argued.

Published on Dawn, October 19, 2019

Source: https://www.dawn.com/news/1511672/pbc-seeks-sjc-reasons-for-taking-up-faez-isa-case-out-of-turn


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