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July 28, 2019

Legal community differs on references against Justice Isa, KK Agha


July 28, 2019

ISLAMABAD: Two sections of legal fraternity on Saturday differed on the matter of presidential references filed in the Supreme Judicial Council (SJC) against two judges.

The All Pakistan Lawyers Convention held in the federal capital demanded withdrawal of references, filed against Justice Qazi Faez Isa and Justice KK Agha, saying it was filed on mala fide intention.

Presided over by Vice Chairman Pakistan Bar Council (PBC) Syed Amjad Shah, along with representatives of provincial bar councils as well as Supreme Court Bar Association (SCBA), demanded withdrawal of the presidential references against the two judges.

Similarly another convention titled "No one is above the law", organised by All Pakistan Lawyers Action Committee held here at a local hotel chaired by its Chairman Shahid Nadeem Gondal and in it a resolution was passed which said that some lawyers with mala fide intention and personal interest are bent upon making the said references as disputed which will be foiled. The gathering demanded of deciding the said references in accordance with law and vowed to foil the pressure being put on SJC. The gathering also denounced the notice sent by Pakistan Bar Council to federal minister for law Dr Farogh Nasim and demanded withdrawal of the said notice.

Meanwhile in its resolution, the All Pakistan Lawyers Convention demanded of the SJC to dismiss the instant references as it were filed on mala fide intention. The resolution further demanded that those members of SJC against whom references of misconduct were pending they should recuse from the council. The resolution also demanded that the SJC should not take decisions on the directives of other institutions. "The participants of the convention expressed grave concerns over the recent meeting of judicial commission of Pakistan wherein it recommended the appointment of five judges in Peshawar High Court", says the resolution.

It demanded that the judicial commission should again sought fresh opinion of Parliamentary Committee on appointment of judges regarding the appointment of judges in Peshawar High Court. The convention demanded amendments in Article 184(3) of the in order to provide right of appeal to the affected person.

It also demanded amendments in Article 209 of the Constitution in order to conduct the proceedings of SJC in open court besides providing right of appeal as well.

The participants of the convention also expressed grave concerns over the restrictions imposed on media by the present government and demanded allowing airing and broadcasting of programmes on TV channels in free manner.

The convention also demanded that judges of the Supreme Court, high courts and lower judiciary after their retirement, should not be appointed on other government posts in order to lower the burden on national exchequer.

Earlier, addressing the convention, PBC Vice Chairman Syed Amjad Shah said that the government is bent upon targeting its political opponents and in garb of accountability taking revenge. He said the government has filed the reference against Justice Qazi Faez Isa on mala fide intention. He said that they are not against the accountability of any judge however, he said it should be across the board. He said that there are other 26 references pending before the SJC however, he said the Council chose to take up references against Justice Isa and Justice KK Agha.

Meanwhile, Ali Ahmed Kurd, prominent figure of 2007 Lawyers Movement while addressing the convention demanded of the government to withdraw the reference against Justice Qazi Faez Isa. He said that if the reference was not withdrawn then conventions will be organised across the country. He said that next convention will be held in Quetta on August 8, followed by Karachi wherein not lawyers but 22-crore public will be there.

The convention was also addressed by Amanullah Kanrani, Sheikh Ahsenuddin besides others lawyers.

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