Justice Faez Isa’s disagreement with the former chief justice of Pakistan and his senior colleague, Asif Saeed Khosa, is not a secret. Both senior judges disagreed over a number of occasions on constitutional matters. However, in the latest reviewed petition submitted by Justice Isa against the majority judgment in a Presidential reference against him, the matter has seemingly turned from bad to worse.
Justice Qazi Faez Isa says in review petition that former Chief Justice Asif Saeed Khosa wanted him to resign, informally told him about the reference to exert pressure; says PTI govt unleashed trolls on him/family and used media persons to attack his integrity— Murtaza Ali Shah (@MurtazaViews) December 4, 2020
A 10-judge full court on June 19 quashed the presidential reference that sought Justice Isa’s removal in view of his failure to mention his family members’ London properties in his wealth statement.
The top court declared in October that the presidential reference filed against Supreme Court judge Justice Qazi Faez Isa is “tainted with mala fide in law”, while making strong comments against the president, the federal minister for law, and the former attorney general for Pakistan (AGP).
Justice Isa has alleged that Justice Khosa wanted his resignation. “In retrospect, and keeping in mind what the Hon’ble Chief Justice had earlier spoken to the petitioner [Justice Isa] on the walking track behind the SC building, it becomes clear that the reason for ‘informally’ telling the petitioner about the reference was to secure [his] resignation,” said the review petition.
#BREAKING: In an additional petition #JusticeQaziFaezIsa reveals “Ex CJP Khosa had earlier spoken to the petitioner on the walking track behind the #SupremeCourt’s Building for ‘informally’ telling petitioner about Reference was to secure resignation.” Explosive story in a while! pic.twitter.com/XLwaCjojIF— Asad Ali Toor (@AsadAToor) December 4, 2020
Justice Isa also maintained the then Chief Justice of Pakistan disrespected him. “It is therefore all the more puzzling that his lordship (Khosa) has disrespected, disparaged, denigrated, and castigated the petitioner in the strongest of terms,” it read.
Last year Justice Isa in his petition stated that a month before the filing of the reference, Justice Khosa had discussed the matter with him while walking outside the SC building. Justice Isa had, however, said he would disclose the conversation in-camera before the court in view of the sensitivity of the matter so that the former top judge might contradict him if given a chance.
Irfan Qadir, a prominent lawyer, while speaking with Mohammad Malick in his show on Hum News said that Justice Isa’s stance is not up to the mark. “Judges should be careful when they talk about each other publically,” he said.
Malick also disclosed that he spoke with Justice Khosa and wanted to have his response to the allegations leveled by Justice Isa against him. “Justice has politely refused to share his views,” Malick said.
Justice Isa’s differences with Justice Khosa
Justice Khosa in his Panamagate verdict had endorsed Justice Isa’s jurisprudence about the applicability of Article 62 (1) (f) of the Constitution but Justice Isa had disagreed with his view on the reopening of Hudabiya Paper Mills case against the Sharif family in December 2017.
Justice Isa had authored the judgment on the dismissal of the National Accountability Bureau’s (NAB) appeal for reopening of the Hudabiya Paper Mills case.
During the hearing of that case, Justice Isa had expressed anger over NAB deputy prosecutor general for referring again and again to a minority judgment in Panamagate written by Justice Khosa.
He had noted that the judgment was not binding on the bench. The SC judge had even warned the prosecutor that he could face a contempt notice if he once again referred to the minority judgment.
In 2018, a three-judge bench, headed by Justice Khosa, held that Justice Qazi Faez Isa’s findings as head of the Quetta Commission against former interior minister Chaudhry Nisar were not to be treated as findings of the apex court. Justice Isa’s findings were also not made part of the SC order.
Justice Isa is not focusing on the merits of the case?
Some legal experts are of the view that Justice Isa is now trying to focus on the points other than the merits of the petition. In this regard, Sarina Isa, the wife of Justice Qazi Faez Isa, has filed a petition to get Prime Minister Imran Khan removed from the office over the alleged non-disclosure of assets and tax cheat. Mrs Isa, who has filed a review petition against the June 19 majority judgment, requiring verification by tax authorities of three properties in her and children’s name, on Tuesday submitted additional grounds in the apex court.
Mrs Isa has alleged the court of discrimination again her because of her gender. “The petitioner’s discrimination on account of her gender is very hurtful. Chauvinism and misogyny may be individual traits but cannot be permitted to subvert the Constitution and Islam,” she maintained.
The court is yet to determine if Justice Khosa shall be asked to submit his response after Justice Isa’s allegations or not. There is also a legal point that justice Khosa may claim the conversation between two fellow judges as privileged which may not be presented before a court of law.