References for judges

Rumours about a reference being filed against Supreme Court Justice Qazi Faez Isa had been in the air for some time. These were confirmed this week after the Supreme Judicial Council issued notices to Justice Faez Isa and Sindh High Court Justice Karim Khan Agha over references filed against them.The honourable judges are currently serving on various benches and any notion that their working is being interfered with in any way is unwelcome. While there is little wrong in setting up genuine inquiries against judges, the feeling within the legal community is that the moves are political. Certainly, any reference moved must always be presented to the Supreme Judicial Council only on the basis of solid grounds. The Punjab bar is the only one that has sided with the criticism of Justice Faez Isa, while the other three provincial bar councils have raised questions over how the move affects the independence of the judiciary. The government’s continued silence and the lack of clarity in the whole affair can only create doubts. Already there are accusations of character assassination and targeting. We need a responsible statement from the government.

The accusations against the judges themselves pertain to property purchased outside the country, which critics say appears to be an excuse to put the judges under pressure. The unease which exists has been highlighted by the resignation of the Additional Attorney General of Pakistan Zahid F Ebrahim – widely known as an upright lawyer – who in a strongly-worded letter put forward his fears and apprehensions. Add to this reports appearing in our newspaper about disquiet in the highest government circles about this matter, and we have even more confusion. Opposition politicians have also spoken out strongly about the affair and demanded immediate answers. There is also likely to be further discussion in parliament. Certainly, a matter involving references against permanent judicial figures will not simply fade away. Within the legal fraternity, Justice Faez Isa is a highly respected figure known both for the strong judgments he has written in the past on important issues as well as for reputation as an unflinchingly principled judge.

We also must learn from our past. Our nation needs stability and for stability it needs a transparent, open government which acts in full view of the people. It is important, therefore – for the government too, above all – that all information be made public about the references filed, especially as news of these has already reached the press. People would certainly not like to see the irony of a government that came to power on the plank of justice and the fight for an independent judiciary to be seen to be in any way treating judges in a non-transparent fashion. Most important of all is the need to prevent institutions getting into any kind of struggle with each other. We should know that when these struggles occur, it is the people who inevitably lose out in the end.