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Tuesday, July 16, 2024

Justice Faez Isa case: if malice in facts cannot be proved in this matter then it cannot be proved in any case’

The presiding judge of a 10-member bench – hearing a slew of review petitions against the Supreme Court’s June 19, 2020 order – has asked Justice Qazi Faez Isa to explain why he should not be linked with his family members’ assets.

The presiding judge of a 10-member bench – hearing a slew of review petitions against the Supreme Court’s June 19, 2020 order – has asked Justice Qazi Faez Isa to explain why he should not be linked with his family members’ assets.

The court is hearing the case today and is expected to reach to a conclusion in a day or so.

“You should explain that you have no link with your wife Sarina Isa’s accounts and transfer of money through these accounts after your appointment as the Balochistan High Court (BHC) chief justice,” Justice Umar Ata Bandial told Justice Isa on Tuesday.

After the conclusion of her arguments, Justice Isa came to the rostrum and raised several points to establish malice in fact in his case. He noted that if malice in facts could not be proved in this matter then it could never be proved in any case.

While arguing the case, Justice Isa got emotional and said that may God destroy him if he is doing this just for his survival. He said he is fighting for the institution and will fight till the end.

Justice Isa also questioned the FBR’s reluctance to initiate inquiry against alleged non-disclosure of 13 properties owned by CPEC Authority Chairman Lt Gen (retd) Asim Saleem Bajwa, adding that there is malice in the FBR investigation regarding his family properties.

He also declared Minister for Law Dr Farogh Naseem, former attorney general for Pakistan Anwar Mansoor Khan and the complainant Abdul Waheed Dogar a liar. “Pakistan was disintegrated due to corrupt generals,” he said.

The SC judge said the government functionaries acted against the religion by spying on judges.

Justice Bandial said he could not express in word the love and respect he felt for Justice Isa. “However, the court decides cases in accordance with law rather than emotions,” he added.

Faez Isa J. not to hear cases involving PM Imran Khan

Recently, an order issued by the apex court has suggested Faez Isa J. not to hear the cases concerning the premier: “The Hon. Chief Justice of Pakistan, therefore, observed that in these circumstances it would not be proper for the Hon. Judge to hear the matter considering that he had already filed a petition against the Prime Minister of Pakistan, in his personal capacity. Therefore, to uphold the principle of un-biasness and impartiality, it would be in the interest of justice that the Hon. Judge should not hear matters involving the Prime Minister of Pakistan,” the order states.

Read More: Judicial impartiality paramount to serving justice

A two-member bench of the apex court comprising Justice Qazi Faez Isa and Justice Maqbool Baqir heard a case pertaining to local bodies elections in Khyber Pakhtunkhwa. Justice Faez Isa said that a referendum could be held with the journalists present in the courtroom to determine the state of freedom of media in Pakistan.

The judge asked the journalists who think that media is free in Pakistan should raise their hands. No reporter in the court raised a hand on this. Justice Faez Isa then asked that those who think the media is not free to raise their hands to which all the journalists present in the courtroom raised their hands.