Petition against Justice Faez Isa: Protest if ‘dead’ case hearing not stopped, says KP lawyers

PESHAWAR: The legal fraternity in Khyber Pakhtunkhwa on Tuesday threatened to launch protest if hearing of proceedings in a dead case against Justice Qazi Faez Isa of the Supreme Court was not stopped immediately.

“The lawyers of Khyber Pakhtunkwa province expressed serious concern and resent the treatment meted out to the two honourable judges of the Supreme Court belonging to the smaller provinces,” said the resolution unanimously passed in a joint general body meeting of the Peshawar High Court Bar Association, Khyber Pakhtunkhwa Bar Council and Peshawar Bar Association. Senior lawyers Qazi Muhammad Anwar and Abdul Latif Afridi had requisitioned the meeting that was held at the PHC Bar Room.

“All the institutions and persons demonstrate responsibility and must remain in the respective limits prescribed by the Constitution. Any violation by any person must be brought to book in order to protect and preserve the Constitution, for which the Pakistan Bar Council is urgently requested to take immediate and appropriate steps,” said the resolution.

The resolution said the lawyers call upon the KP Bar Council, Pakistan Bar Council, Balochistan, Sindh and Punjab Bar Councils to immediately coordinate and convene All Pakistan Lawyers Conference to chalk out future course of action. The general body meeting announced to arrange a grand convention to welcome Justice (R) Dost Muhammad Khan at the Peshawar High Court’s premises.

In the resolution, the lawyer community also announced to work for developing strong bonds amongst the provinces for the supremacy of law and Constitution in order to strengthen the federation.

Arbab Muhammad Usman, president of PHCB, presided the general body meeting. The proceedings were conducted by the General Secretary Rehmanullah. The meeting focused on two-point agenda including issue of full court reference to Justice Dost Muhammad Khan on his retirement and proceedings against Justice Qazi Faez Isa by the Supreme Court.

Senior lawyers including Abdul Latif Afridi, who is former vice-president Pakistan Bar Council, Qazi Muhammad Anwar, the former president of Supreme Court Bar Association, Jamal Khattak, Ghulam Nabi, Fazl-e-Wahid Khan, the President Peshawar Bar Association and Arbab Muhammad Usman addressed the general body meeting.

The speakers pointed out that the events unfolding in the recent past had unnerved the people generally and the lawyer fraternity in particular. A press statement issued by the PHCBA after the meeting said that the political feud between PTI chief Imran Khan and Sharif family had, unfortunately, turned into a conflict between the Supreme Court and its Chief Justice (CJP) on the one hand and the Sharifs on the other.

“The CJP gave unwarranted statements and visited hospitals, etc, by assuming the role of executive in the garb of suo motu notices, which is quiet unusual. Responding to the criticism of some political circles became routine of CJP,” said the joint statement of the lawyers’ bodies after the general body meeting.

The speakers maintained that over and above all this the Supreme Court itself became a victim of this feud. “One judge, Justice Dost Muhammad Khan, on his retirement from Supreme Court declined to attend a reference in his honour for obvious reasons. Another sitting judge of Supreme Court, Justice Qazi Faez Isa's remarks in Sheikh Rashid's case made the CJP to reopen a dead case against him. Both the judges are Pakhtuns and are competent and vocal judges. The arc vastly respected,” the lawyers’ bodies claimed in the statement.

The statement said the speakers informed the house that, in fact, crossing constitutional limits has become an unchecked routine phenomenon in Pakistan.

“Be the CJP's acts and suo motu notices or the COAS (Bajwa Doctrine) calling 18th amendment worse than Sheikh Mujeeb’s six points, or the irresponsible, in some cases ugly utterances of some politicians speak volumes about the crises looming large and inherent in the socio-political system of Pakistan,” noted the lawyers’ bodies.

The lawyers also recorded their protest over the recent developments in the Supreme Court and came out on the road outside the Peshawar High Court for a few minutes and then dispersed peacefully.