Reference against Justice Isa: PBC files another plea with SC

ISLAMABAD: Pakistan Bar Council (PBC) on Wednesday filed a constitutional petition with the Supreme Court (SC), seeking recusal of Chief Justice of Pakistan Justice Asif Saeed Khan from the bench of the Supreme Judicial Council (SJC), currently hearing the presidential reference against Justice Qazi Faez Isa for allegedly not disclosing foreign properties in wealth statement.

PBC through its Vice Chairman and Chairman Executive Committee filed a petition with the Supreme Court making the President of Pakistan, Federation of Pakistan, through the Secretary Law and Justice Division, Prime Minister of Pakistan, Federal Minister for Law, Supreme Judicial Council (SJC) through the Secretary, Supreme Judicial Council, Mirza Shahzad Akbar, the Chairman, Assets Recovery Unit and Abdul Waheed Dogar, Complainant in Special Reference as respondents. The council sought recusal of Chief Justice of Pakistan Justice Asif Saeed Khan Khosa from the Supreme Judicial Council hearing the Presidential Reference against Justice Qazi Faez Isa. Chief Justice Asif Saeed Khan Khosa is also the Chairman of the Supreme Judicial Council (SJC).

The PBC submitted that it is not appropriate or lawful for any SJC member to sit in the SJC until such time as an inquiry is pending against him by the SJC (provided that the SJC has issued notice in furtherance to any complaint or reference). “Apart from it after admitting certain deliberations in order dated 19-08-2019 of SJC, it may not be appropriate to remain part of SJC by the Chief Justice of Pakistan”, the PBC contended. It is pertinent to mention here that the Supreme Judicial Council (SJC) the other day dismissed a complaint filed against Justice Qazi Faez Isa seeking his removal from the office of the judge of the Supreme Court for writing letters to the President of Pakistan. The complainant had contended that Justice Qazi Faez Isa had violated the code of conduct for members of the judiciary by writing letters to the president of Pakistan and sharing it with the media and had sought his removal for gross misconduct.

The SJC however, in its order held that nothing any serious was found in the letters written by Justice Qazi Faez Isa to the President of Pakistan to constitute misconduct for his removal from the office of a Judge of the Supreme Court. The order also mentioned an informal meeting between Chief Justice Asif Saeed Khan Khosa and Justice Qazi Faez Isa Isa wherein they discussed the presidential reference.