Judge Qazi Faez Isa's lawyer, Munir A. Malik, called on Monday for the Supreme Court to make President Arif Alvi, Prime Minister Imran Khan and federal Minister of Law and Justice Farogh Naseem be a party to the case related to a presidential reference against justice Isa. .
The lawyer told the entire court, composed of 10 judges of the Supreme Court and headed by judge Umar Ata Bandial, that the president, "instead of applying his mind to the reference," acted following the advice of the prime minister in violation of the Constitution. The observation was made while the court heard multiple petitions regarding a presidential reference against 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. Judge Isa has challenged the accusation, saying that he is not a beneficial owner of the apartments, either directly or indirectly.
"The president took an unconstitutional step while not using his constitutional power," said Judge Isa's lawyer, adding that the president already "confessed" that he acted on the advice of the prime minister.
The lawyer, in submitting his arguments, reiterated that the reference was based on "intentions of bad faith." The lawyer said the three charge holders should be part of the process because it was necessary to make all those accused of bad faith intentions behind the referral be part of the case.
He also repeated another objection that the reference was submitted without the approval of the federal cabinet.
The lawyer argued that, although, in accordance with article 248, the prime minister and the ministers cannot answer before any court, they are obliged to act in accordance with the Constitution and the law. He added that, therefore, there is no impunity for anyone taking unconstitutional and illegal measures.
When asked to indicate the "apparent" intentions of bad faith in the reference, the lawyer said that the president's decision to act on the advice of the prime minister was "unconstitutional."
During the hearing, Judge Faisal Arab asked if it was mentioned in the reference that the president had not "applied his mind" to the reference. Judge Manzoor Ali Shah asked if "applying the mind" meant that all the evidence in the reference should be collected under the supervision of the president. The judge also questioned under what law the material was collected against Judge Isa.
Munir A. Malik argued that the president should have "applied his mind" to know how the material was collected.
Speaking about the scope of the higher court and the Supreme Judicial Council, the lawyer said that the SJC was required to hear the reference. He cannot review the appearance of intentions, he added. The lawyer said that the superior court can be used to solve the problem of intentions or the scope of powers.
The case hearing was postponed until tomorrow. [Tuesday].
Source: https://www.dawn.com/news/1514865/president-premier-law-minister-be-made-parties-in-justice-isa-reference-case-lawyer-asks-sc