Supreme Court’s Justice Qazi Faez Isa on Wednesday challenged the presidential reference against him in the apex court, a private TV channel reported.
According to reports, Justice Isa appeared before the Supreme Court to file the petition under Article 184 (3) of constitution, requesting the apex court to issue a restraining order over Supreme Judicial Council’s proceedings till the apex court decides on his petition.
The apex court judge has also challenged another reference filed by Lahore-based lawyer Waheed Shahzad Butt, which stated that Justice Isa violated the code of conduct for members of the judiciary by ‘writing letters to the president of Pakistan and sharing it with the media’. Justice Isa, in his petition, has asked the court to dismiss the references against him filed with ‘malice, ulterior motives and to achieve a collateral purpose’. He also argued that the references undermine the independence provided to the judiciary under the constitution.
The apex court judge has also asked the court to declare the in-camera proceedings of the SJC unlawful and in breach of fundamental rights. He has made both the superior bars – Pakistan Bar Council and Supreme Court Bar Association – respondents in the 354-page petition. A total of 13 respondents have been named in the petition, including government functionaries, departments and bars.
In May, President Arif Alvi authorised the filing of references with the SJC against Justice Isa and Sindh High Court’s Justice KK Agha for allegedly not disclosing their foreign properties in their wealth statements. Consequently, Justice Isa had written a letter to President Alvi seeking clarity regarding the reports that the government had filed a reference against him over allegations of misconduct. Copies of the letter were sent to Prime Minister Imran Khan and the apex court as well.
On July 18, the Supreme Judicial Council (SJC) had issued two show-cause notices to Justice Isa for allegedly holding undeclared foreign properties and sending letters to President Arif Alvi. He was mandated to give his response on the notice within 14 days.
The SJC is the only constitutional authority mandated by Article 209 of the constitution of Pakistan to conduct inquiries into allegations of incapacity or misconduct against a judge of the Supreme Court or of a high court.
