Judge Qazi legal adviser Faez Isa questioned on Tuesday the credibility of Waheed Dogar, the & # 39; plaintiff & # 39; He had first written to the Government's Asset Recovery Unit (ARU) claiming that the judge owned property abroad that had not been disclosed in his (Isa Assets) asset declarations.
The complaint culminated in the presentation by the government of a reference against Judge Isa.
A larger 10-member bank, headed by Judge Umar Ata Bandial, had resumed today the petitions filed by Judge Isa challenging the presidential reference against him.
Attorney Muneer Malik, who represents Judge Isa, questioned how legal proceedings could be initiated against a judge based on the complaint filed by Dogar.
He argued that there are "certain safeguards" in the law regarding investigations against judges.
"Complaints were received, evidence was collected and references were submitted each at different times," Malik said.
"Do you mean that the investigation against the judge began without due process?" Judge Maqbool Baqar, a member of the bank, asked.
Malik told the Supreme Court that Dogar had written to the ARU in April shortly after Judge Isa issued his verdict in a case related to Faizabad's sitting.
"The letter [written by Dogar] It does not have a telephone number or address and does not mention any property belonging to Judge Qazi Faez Isa, "said lawyer Malik, reading the letter to the court.
"What is the Asset Recovery Unit and why is it in the Prime Minister's Secretariat?" Asked Judge Mansoor Ali Shah, also part of the bank.
"Can you tell the court about the legal status of the Asset Recovery Unit?" Judge Baqar asked. Malik only offered that "there is no official in the ARU."
"According to you, the investigation [against Justice Isa] started because of the [actions of the] Asset recovery unit? "Asked Judge Baqar.
Malik said that the ARU, after receiving the complaint, had written to the law minister on May 10 asking for his position on the matter. He added that ARU officials had also met with officials of the Federal Investigation Agency on the same day. During that meeting, the name of Judge Isa's wife and her Spanish nationality first appeared, Malik said.
"His name came about due to a visa application," Justice Bandial said. "The wife of Judge Qazi Faez Isa had received a five-year visa."
"But how did Dogar know his name?" Malik argued. Malik insisted that the identities of Judge Isa's wife and son had been revealed for the first time after Dogar's letter.
The lawyer also questioned the strength of Dogar's accusation against the judge. "Dogar obtained the documents [provided as evidence against Justice Isa] after an online search for properties in London, "said the lawyer.
"Can you take data from the London land authority online?" Judge Mansoor Ali Shah wondered.
"You can find out about the plots, but you can't know who they belong to," Malik replied.
"The question is, how was the information about the property collected?" Judge Bandial said, to which Malik replied: "The information was collected by harassing the petitioner and his family."
"Do you mean that the FIA and the FBR (Federal Revenue Board) provided all the information to Dogar?" Judge Bandial asked.
Malik said Dogar had also informed the ARU about Judge K.K. Agha's dual citizenship and the property of the judge, but did not provide any documentary evidence.
The lawyer argued that Dogar seemed to be a "false appellant."
"Are you saying that Dogar is a proxy [for another complainant]? The logic is not understandable, "said Judge Muneeb Akhtar.
"Dogar is not a reliable man, I am telling you this about his credibility," Malik replied.
Judge Bandial asked if Judge Isa had ever given his wife money. "I can let you know after confirming this," Malik said.
"We will have the answer to that question," Judge Bandial said.
Subsequently, the court issued notices to the defendants about the new constitutional petitions filed against the Supreme Judicial Council procedures in the matter.
The hearing was postponed until Wednesday.
Petition of Judge Isa
The reference presented against Judge Isa alleges that he acquired three properties in London for rent on behalf of his wife and children between 2011 and 2015, but did not disclose them in his statements of wealth.
The trial judge denies the accusations and has claimed that they are turning against him to attack him and his family.
In a rejoinder filed before the high court on Sunday, Judge Isa said the government wanted a subordinate judiciary. The government team first painted a target on the petitioner's back, but when it didn't work, they crouched down to attack their family and exposed them to danger, said the reply presented by Judge Isa in response to the government's accusations, and added That this was a demonstrable fact. showing malice, bad fide, hidden motives and victimization.
He also said that the benami law established a series of tests to establish the property of benami, but in the present case not even a single component was fulfilled. There was not a hint of evidence to prove that the petitioner judge had paid for the purchase, much less established. There was never any reason why the petitioner judge would resort to buying property on behalf of his wife and adult children, the reply questioned.
Source: https://www.dawn.com/news/1510983/law-has-safeguards-regarding-investigations-against-judges-justice-isas-lawyer-tells-court