![\"\"](\"http:\/\/umang.pk\/wp-content\/uploads\/2019\/10\/Faez-Isa-offers-to-file-affidavit-about-\u2018surveillance\u2019-Newspaper.jpg\" "\\"\\"")
<\/p>\n<\/p>\n
ISLAMABAD: Judge Qazi Faez Isa, who faces a presidential reference, surprised the Supreme Court on Tuesday when he volunteered to file a sworn statement highlighting the incidents that helped him to conclude that he and his relatives were guarded<\/p>\n
"I have received instructions from the petitioner who says he is prepared to present to this court an affidavit detailing the facts and incidents that led him to conclude that he and his family were monitored," argued lead attorney Muneer A. Malik, who represents Judge Isa of the Supreme Court before a court of 10 judges, listening to the challenges of presenting the presidential reference.<\/p>\n
The lawyer made the offer to affirm that the petitioner judge and his family were monitored and even the services of a UK-based search company "Find UK People" were hired to explore the activities of Justice Isa's family during the last 10 years. years.<\/p>\n
But Attorney General Anwar Mansoor immediately opposed the offer of affidavit, asking if any evidence regarding a particular situation could be presented at a hearing under Article 184 (3) of the Constitution. There were forums available for this type of evidence that required the registration of evidence, the AG argued.<\/p>\n
\nAG opposes the offer; the lawyer says that the services of a company based in the United Kingdom hired to track the activities of the petitioner's family<\/p>\n<\/blockquote>\n
However, Judge Umar Ata Bandial noted that the lawyer was making his point to substantiate the allegations of malice and responded to the observations made by a brother judge.<\/p>\n
Legal observers believe that an affidavit, if presented, can have serious repercussions, since sworn statements under oath will have to be moved to refute the accusations made by the head of the high-constitution office like Justice Isa that identifies the names of certain institutions. "In case the accusations were not refuted, it must be believed and if it is disputed, the Supreme Court must determine who tells the truth and who does not," said a senior lawyer on condition of anonymity.<\/p>\n
Upon the presentation of an affidavit in accordance with Article 184 (3), the lawyer recalled several cases, including the Panama Papers hearing during which the apex court held that the constitutional provision did not impose any impediment, but that It provided a broad authority to seek help to reach the truth. <\/p>\n
Mr. Malik informed the entire court that he had no idea what the mode of surveillance was, whether it was done by hacking emails from the petitioner judge, wiretapping or by a protocol officer or whatever. <\/p>\n
Judge Muneeb Akhtar noted that the lawyer was perhaps inferring about the possibility of surveillance as he emphasized that it was impossible for plaintiff Abdul Waheed to claim access to information about property in the United Kingdom. "From this, the lawyer inferred about spying, but it seems that someone must have followed a family member," Judge Akhtar said.<\/p>\n
The federal government never explained how they had obtained information about the properties on the high seas, the lawyer said, adding that they had even hired the private security agency after submitting the reference. <\/p>\n
Malik explained that the presidential reference was filed on May 20, but the letter from the Asset Recovery Unit (AMU) on June 26 stated that they had discovered more information about the properties.<\/p>\n
"Once the referral was before the Supreme Judicial Council (SJC), what issues did the ARU need to know to find out more," the lawyer asked.<\/p>\n
Judge Bandial observed that they could be finding more material to produce as evidence before the SJC, and asked the lawyer if the presidential reference should be an open and closed case or if the SJC prima facie could conduct his own investigations.<\/p>\n
Judge Mansoor Ali Shah, however, noted that the lawyer argued that the president could have requested more information before submitting the reference, but it should only be the president.<\/p>\n
Judge Faisal Arab noted that the reference was perhaps a plea and that evidence was required to prove the allegations made in the reference. "That's why more material was gathered," he said.<\/p>\n
But the lawyer reminded the court that the collection of material must be authorized by the president before submitting the referral.<\/p>\n
"In our system that ensures the tracheotomy of the powers, the judiciary in the performance of its judicial functions is isolated from the victimization of the executive," argued the lawyer. "The president's office is not a simple post office simply to act on the advice of the prime minister," he said, adding that this was also established in the case of Judge Iftikhar Chaudhry of 2010.<\/p>\n
The council for the president must be from the cabinet and not just from the prime minister, the lawyer explained, adding that Article 48 places the president's office on a higher pedestal.<\/p>\n
"What it means is that once the reference was submitted, the research agencies that collect more material would have to act under the command of the SJC," Justice Bandial said.<\/p>\n
The lawyer responded affirmatively, asking the court if the SJC had issued any of these directives for the collection of complementary evidence.<\/p>\n
"What it means is that after the 18th Amendment of the Constitution, a suo motu power was created for the SJC, but when the president presented the reference, no additional material could be added such as the indictment of benami properties that were added to complement the reference, "said Judge Akhtar.<\/p>\n
Referring to the bar under Article 211 of the Constitution that expels the jurisdiction of the courts to investigate the proceedings before the SJC, the lawyer read the Iftikhar Chaudhry case of 2010 that had explained seven stages, of which the first four were related With the move. of a complaint before the president, collection of material, opinion formation by the president and the president's address for the presentation of the reference, while the last three were related to the proceedings before the SJC, its report to the president and the President's order to remove the judge.<\/p>\n
He said that the first four stages could be challenged and were subject to an ordinary judicial review, while the challenge to the last three was very difficult since "it attracts Article 211 of the Constitution and needs to establish a bad situation, without judge and without jurisdiction. " ". <\/p>\n
Judge Bandial noted that Malik had highlighted a new point and said something substantial. <\/p>\n
The court postponed the hearing until Monday at the lawyer's request.<\/p>\n
Posted on Dawn, October 30, 2019<\/em><\/p>\n<\/p><\/div>\n<\/pre>\n<\/pre>\n
Source: https:\/\/www.dawn.com\/news\/1513760\/faez-isa-offers-to-file-affidavit-about-surveillance<\/p>","protected":false},"excerpt":{"rendered":"
ISLAMABAD: Judge Qazi Faez Isa, who faces a presidential reference, surprised the Supreme Court on Tuesday when he volunteered to file a sworn statement highlighting the incidents that helped him to conclude that he and his relatives were guarded "I have received instructions from the petitioner who says he is prepared to present to this […]<\/p>\n","protected":false},"author":1,"featured_media":10925,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[11077],"tags":[],"class_list":["post-10924","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-newspaper"],"_links":{"self":[{"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/posts\/10924","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/comments?post=10924"}],"version-history":[{"count":0,"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/posts\/10924\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/umang.pk\/en_us\/wp-json\/"}],"wp:attachment":[{"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/media?parent=10924"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/categories?post=10924"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/umang.pk\/en_us\/wp-json\/wp\/v2\/tags?post=10924"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}