News Analysis |
In a latest development, the Supreme Judicial Council (SJC) has issued another show-cause notice to Supreme Court (SC) Justice Qazi Faez Isa, this time for “writing letters to President Arif Alvi” after a presidential reference was filed against him, local media reports claimed on Thursday. The report also claimed that the judge is yet to respond to the earlier notice of the council.
Sources reported, Justice Isa did not mention the foreign assets of his wife in his official document. The President has sent a reference against Justice Isa of the SC for alleged misconduct.
Justice Isa is known for his upright and strong legal position in many controversial cases.
According to legal experts, the said judge was not legally bound to mention the assets of his independent wife. Salman Akram Raja, Advocate SC, said:
Wealth statement required of a person mandates disclosure of assets held by a spouse only if these were obtained through funds provided by that person & are held as benami assets. Assets purchased by a spouse in her own right are to be disclosed only in her wealth statement.
— salman akram raja (@salmanAraja) May 30, 2019
Justice Isa has so far received two show-cause notices on separate charges. According to the report, the SJC in its fresh notice has asked Justice Isa to explain his conduct for writing letters to the president of Pakistan. It is learnt that SC judge has been given 14 days to submit his reply.
Read more: AGP submits evidence against judges
A Lahore-based lawyer Waheed Shahzad Butt had filed a complaint against Justice Isa for violating the code of conduct for members of the judiciary by “writing letters to the president of Pakistan and sharing it with the media”.
The report also claimed that the judge is yet to respond to the earlier notice of the council.
It is important to note that Justice Qazi Faez Isa wrote a letter to the President of Pakistan seeking clarity if the government has actually filed a reference against him over the allegations of misconduct. Justice Isa is known for his upright and strong legal position in many controversial cases.
He is also famous for powerful and legally insightful dissenting notes. According to the details, in the letter Justice Isa has noted that “I have to come to learn that the government sources are stating that a reference has been filed against me under Article 209 of the Constitution. I will be obliged if you (the president) could let me know whether this is correct and if it is, then provides me with a copy of the alleged reference.”
Read more: Justice Qazi Isa wants explanation; slams Govt. for ‘character assassination’
According to the source, Justice Isa further wrote, “I am confident that you will agree that if a reference has been filed and I have been called upon to submit a reply, only then to the permission of the Supreme Judicial Council, the government may disclose the reference and my response thereto.”
Justice Isa further conveyed to the President that “selective leaks amount to character assassination” jeopardizing his right to due process and fair trial, and undermines the institution of the judiciary.
Additional Attorney General Zahid F Ebrahim has also tendered his resignation after the government has decided to file reference against the judges of the SC.
AAG Resignation
Additional Attorney General Zahid F Ebrahim has also tendered his resignation after the government has decided to file reference against the judges of the SC. The ex. AAG noted the ongoing move to hold judges of the SC accountable on flimsy grounds is going to cause irreparable damage to the judiciary and justice system of Pakistan.
“In my humble view, this is not about the accountability of judges, but a reckless attempt to tar the reputation of independent individuals and is browbeating the judiciary of Pakistan. Unless resisted, it will cause irreparable damage to the institution which is the protector of our fundamental rights and the bedrock of our fledgeling democracy,” he wrote.
Read more: Trust judges, they will ensure justice in Justice Isa’s matter: CJP Khosa
I have today submitted my resignation as the Additional Attorney General for Pakistan. pic.twitter.com/2BlSbSIcwB
— Zahid F. Ebrahim (@zfebrahim) May 29, 2019
Analysts appreciated AAG over his resignation on a principled position.
You have made us proud of you. Resigning to protest against a dubious reference against Justice Qazi Isa is a great gesture. The bar associations and civil society must come out in defence of Honorable and uncompromisable Justice Isa https://t.co/7yXG94cRGP
— Imtiaz Alam (@ImtiazAlamSAFMA) May 30, 2019
Experts differ
The opinion is divided with regard to the implications of the reference filed against Justice Isa. Some analysts believe that the government is going to face a tough time since it has decided to question the integrity of a judge who is known for being upright and tough on spy agencies and their role in political process.
Learnt about gist of Reference filed against Justice Isa.This is proving to be a tough nut to crack for Fed Govt—Herculean tasks & many stumbling blocks to come in way of her team—looks a litmus test for SJC too in its 46yrs history to remove a SC judge for algdly havng offshore.
— Zahid Gishkori (@ZahidGishkori) June 9, 2019
Prominent lawyer Babar Sattar noted that the case of Justice Isa been brought to media which is a violation of his fundamental rights. Babar wrote his opinion in severely tweets.
https://twitter.com/Babar_Sattar/status/1136959489532465152
However, political commentators Sabir Shakir and Arif Hameed Bhatti maintain that a reference has been filed as per the law and the honorable judge has been given a due right to defend himself. “There is no question of protest or violation of law. Has the government breached any law? On what point, the lawyers shall call a strike?” they asked.