Full Proceedings of Supreme Court on J. Qazi Faez ISA case

Justice Qazi Faiz Issa refused to send his wife's case to the FBR while government lawyer Forough Naseem said that the government agreed to it and the FBR should give its verdict in two months.

 Justice Faiz Issa has said that his case should be decided on merit. His wife is ready to give her position through video link.

Justice Maqbool Baqir, a member of the full court bench, remarked that the executive could not be left unattended. The court's decision to review the powers of the executive set out certain things, thus ending the issue of independence of the judiciary will be done.

He said that this issue is about the independence of the judiciary, the history of this country has not been good, the judiciary has been interfering in the administration, if we do not do our best, we will be destroyed in history, the question is to understand things.  Yes, they are not against any person or organization.

 Details of the hearing

When the Supreme Court heard the petition of Justice Qazi Faiz Issa against the presidential reference, in the early stages of the arguments of the public prosecutor Barrister Forough Naseem, the petitioner Justice Qazi Faiz Issa himself reached the Supreme Court to give arguments.  Not just my case but the case of all of us.

Justice Qazi Faiz Issa sought permission to speak during the arguments of government counsel Forough Naseem, then Justice Umar Ata Bandial asked him to be present and allowed him to speak after he had finished his speech.

Asking permission to present his wife's position in court, he said that his wife wanted to speak in court through a video link, adding that she would not tell the FBR anything.

Justice Faiz Issa requested the court to allow his wife to state her position on the video link.

 "I don't want to go into what happened to me and my family, but I have been accused by fellow judges of wanting to save me," he said.

Justice Isa said that according to the former Attorney General, other judges helped me in preparing the petition. I request the court to take contempt action against them.

He complained that news started circulating against me even before the reference, these things started at the end of May and I was not even given a copy of the reference.

The court adjourned for five minutes to consider the petition of Justice Qazi Faiz Issa, during which the judges in the bench consulted among themselves.

After the break, Justice Omar Ata Bandial said that the statement of the judge's wife would be very important but we request her to file a written reply. After receiving her reply, the case will be fixed for hearing.

Justice Qazi Faiz Issa said that his wife is not a lawyer, he is afraid that if she gives the account number, the government will not start a new reference by putting money in it.

He said that my wife could not submit a written reply, after listening to her position and asking as many questions as she wanted, justice should be done.

Justice Umar Ata Bandial said that we have heard the message of your wife, we will consider her request to present her oral position.

Meanwhile, government lawyer Forough Naseem informed the court about the government's position regarding sending the case of Justice Isa's wife to FBR.

He said that there was no objection in sending the matter to the government FBR, FBR should decide in two months.

Forough Naseem said that Justice Qazi Faiz Issa had talked about the Prime Minister's properties in London, to which the Prime Minister said that if any of these properties were proved to be mine, I would resign.

According to him, the Prime Minister has said that any of my property in London should be confiscated and the money should be deposited in the national treasury. Shehzad Akbar and Firdous Ashiq Awan also have no property abroad.

Justice Maqbool Baqir said that the judge did not say that the properties belonged to the Prime Minister, he spoke of a website in his reply.

Justice Omar Ata Bandial said, "We have not received any petition yesterday. It is unfortunate that both the parties have been giving priority to the media over the court. We have not reviewed this reply."

When the hearing resumed after the adjournment, Forough Naseem resumed his arguments.

Justice Muneeb Akhtar remarked that any person from the public can send a reference to the Judicial Council without an opinion. The President has to determine his opinion before sending it to the Reference Council. The President has to form an opinion before sending the reference to the Council.  He said that in his view misconduct has taken place, the conduct of a judge is not defined in the constitution. If the President says that in his view there is a misconduct of a judge, then this argument is very dangerous.

Justice Yahya Afridi remarked that it was also necessary to look at the content before the opinion before the President.

Justice Umar Ata Bandial remarked that the reference is to the ownership and purchase of foreign properties, the court cannot go into the proceedings of the council, it seems that the council has taken a very cautious attitude, every judge is accountable, Munir Malik agreed.  Well, we judges are accountable for our private and public life. We will not allow the reputation of the judiciary to be affected by a single judge. The main question is financial matters. This question will be answered.

Forough Naseem argued that the allegations mentioned in the showcase are the same as those mentioned in the reference. Once the Judicial Council initiates proceedings, it cannot be challenged. Under Article 211, the proceedings of the Council cannot be challenged.  Did not request the annulment of the show cause notice.

Justice Maqbool Baqir queried that the action of the council could not be taken but you are relying on the show cause notice, in which case what would be the credibility of the reference.

Forough Naseem said that under Article 209, the council has the power to take Suo Motu action on receipt of material. The Judicial Council has the power to take action against a judge on receipt of material.

Justice Maqbool Baqir queried that the council has the power to take action on its own. If the decision in the Iftikhar Chaudhry case is over, this argument is very dangerous.  Justice Mansoor Ali Shah said that he appreciated the arguments on the admissibility of the petition.

Forough Naseem said that he would also give arguments on malice and would also present objections. The council has three modalities for taking action against the judge.  He requested that I be given an opportunity to present my case, not pressuring the court to accept my point, show cause notice was not issued in Iftikhar Chaudhry case, Army General summoned Iftikhar Chaudhry and humiliated him.  In the case of Iftikhar Chaudhry, malice was evident. Where is the malice in this case?

Justice Muneeb Akhtar, while correcting Forough Naseem, said that Iftikhar Chaudhry was also summoned by the council by issuing a notice. Is your case that after the issuance of the notice, Article 211 is obstructed?

 "If you are with the constitution and the law, then I am with you. You have any doubts about our intentions. After the show cause notice, the powers of the executive are merged," Naseem said.

Justice Omar Ata Bandial remarked that the council was also mentioned in Iftikhar Chaudhry's reference. The formation of the Judicial Council was not complete, the judges were brought on board.

Justice Maqbool Baqir said that some things were serious in the case of Iftikhar Chaudhry, some things are also serious in this case, something has to be decided in this case, it does not matter if we are sacrificed in it.

During the hearing, Forough Naseem said that it was alleged that Forough Naseem is an undemocratic man. If I had been undemocratic, the Vice Chairman of Pakistan Bar Council would not have been elected.  Action is taken if the material comes to light. In the case of Shahrukh Jatoi, action was taken at the request of a third party. The reference was incorrect or the council has taken action on it.

Justice Umar Ata Bandial inquired whether the show cause notice would remain in place even if the reference was removed.

Justice Mansoor Ali Shah inquired whether the President could withdraw the reference after the show cause notice.  ?

Forough Naseem said that in the case of Army Chief, the case was not allowed to be withdrawn despite the petition of the petitioner.

Justice Mansoor Ali Shah said that in the case of Army Chief, the court decided not to withdraw the petition, the Judicial Council did not decide to return the reference.

Forough Naseem said that the President could not withdraw the reference after it was filed.

Justice Faisal Arab remarked that the show cause notice is issued on the facts written in the reference, the decision of the council may be in favor of or against the judge.

Justice Mansoor Ali Shah said that the petitioner said that there was malice in making the reference, the counsel for the petitioner said that the council could not take stock of the malice.

Forough Naseem said that the petitioner has missed the opportunity, the action should have been challenged before the show cause notice.

Justice Yahya Afridi remarked that the constitution distinguishes between the presidential reference and the general reference, can the council say that it does not listen to the president, can the council remove the presidential reference without inquiry.

However, Justice Omar Ata Bandial remarked that the Judicial Council cannot be a prisoner at the hands of the President, the Council is a constitutional body and can say that the reference is baseless, the Council can ask the President for more evidence to take action against the judge.

When Forough Naseem said that he forgets his thoughts, the same question is being asked again and again, Justice Mansoor Ali Shah said that it is your right to present objections and it is our right to ask questions.

Justice Yahya Afridi said to reconsider the views and give arguments while Justice Maqbool Baqir said, "I have made a comment. I will not ask you a question. If you speak fairly, there will be no need to ask a question. We are also tired."  Have done, want to complete the matter.  Justice Yahya Afridi upheld the statement of Justice Maqbool Baqir.

Forough Naseem said that the council has the authority to take judicial action without any discrimination if the material comes to its notice. There is no significant difference between the president and the general reference. A member of the council reviews a general complaint against a judge.

Justice Omar Ata Bandial reminded the government counsel that the presidential reference was also sent to the single judge for review.

Forough Naseem denied that the presidential reference did not go to the council member for review.

 During the hearing, Forough Naseem said that the Judicial Council is not a judicial forum to make a declaration. When the council makes recommendations against a judge, one cannot even think that the government will not agree. The recommendations of the Judicial Council are valuable.

Justice Maqbool Baqir asked whether the Judicial Council could make observations regarding maliciousness. He himself said that the Judicial Council could make any kind of observation.

Justice Mansoor Ali Shah remarked that how can the council make observations in such matters without listening to the President?

Forough Naseem said the council could also summon the president.

Justice Umar Ata Bandial asked how a structure can survive if the basis of something is wrong. What is your position on this question?

Forough Naseem said that the disciplinary body is not the President but the Judicial Council. Justice Umar Ata Bandial remarked that according to this argument, the reference ended with the picture.

Forough Naseem said that the action after the show cause notice is the prerogative of the council. The action of the council starts from three waterfalls and reaches one waterfall. That last waterfall is the show cause notice. A material has come before the Judicial Council.  Later, it was left behind how the material was collected, the President only provides information to the Judicial Council, the presidential reference is also based on the information for the opinion of the Council, the Council reviews and acts according to its own insights.

When Justice Mansoor Ali Shah questioned the authority of the council to review the malice, Forough Naseem said that the Judicial Council had thoroughly reviewed the allegation of malice, there was no obstacle in the way of the council to assess the malice.

Justice Maqbool Baqir inquired as to what observation the council had made after reviewing the malice.  Forough Naseem said that the council had issued a show cause notice to the judge on which Justice Maqbool Baqir inquired if there was any mistake in the action of the President and who would review it.  Forough Naseem said that the council is a fact finding forum, the council can give findings on facts.

Justice Mansoor Ali Shah questioned whether the council could say that it would inquire into the judge later, first to inquire into who had sent the reference.

Munir A. Malik, counsel for Justice Qazi Faiz Issa, appeared in the hearing and expressed his disapproval of sending the case to FBR, saying that the court should decide the case on merit. We did not take up the case because it was Justice Qazi Faiz Issa.  Isa is the case, I took this case for the independence of the judiciary, my client has instructed the court to decide the case on merit, after the kind of campaign against my client they want a decision on merit.

Justice Omar Ata Bandial remarked that we wanted the wife of Justice Qazi Faiz Issa to provide documents with written reply. The decision on whether to allow Justice Qazi Faiz Issa's wife to make a statement on video link will be taken tomorrow, Munir A. Malik  Ask your client and tell him how long the video statement of Begum Sahiba will be.

The hearing of the case was adjourned till tomorrow.


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