ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Gulzar Ahmed on Thursday asked Justice Qazi Faez Isa not to hear cases involving the Prime Minister of Pakistan.
The court issued a written order late Thursday night in the case related to release of Rs500 million each to lawmakers directed by the prime minister on account of development funds ahead of the Senate elections.
“In these circumstances, it would not be proper for the judge to hear the matter considering that he had already filed a petition against the Prime Minister of Pakistan, in his personal capacity,” says the written order issued by Chief Justice Gulzar Ahmed. The Chief Justice further noted down that in order to uphold the principle of un-biasness and impartiality, it would be in the interest of justice that the Judge (Justice Isa) should not hear matters involving the prime minister of Pakistan. The court noted that (Qazi Faez Isa, J.) sought to place on record photocopies of certain documents reportedly received by him from some anonymous source through a WhatsApp message. The copies of ‘those’ documents were handed over by the judge to other members of the bench. A copy was also handed over to the learned Attorney General for Pakistan. The judge (Qazi Faez Isa, J) also stated that he was unsure if the documents were genuine.
Earlier, during the course of hearing, Justice Qazi Faez Isa revealed that he had received documents via WhatsApp indicating that funds had been provided to a lawmaker from the ruling PTI’s coalition party from the NA-65 constituency. The judge questioned as to whether funds could be allocated to particular constituencies for construction of roads.
“We are not enemies but we are trying to follow the Constitution that no corrupt practices could take place,” Justice Isa said. “Is it not the duty of the Election Commission of Pakistan to stop corrupt practices”, Justice Isa questioned. “I don’t know whether it is genuine or not but if this document proved to be genuine don’t you think it would be a violation of the Constitution”, Justice Qazi Faez Isa asked Attorney General. However, Attorney General Khalid Javed replied that WhatsApp documents are complaints of the judge and it would be examined. But Justice Isa replied that he is not complainant but just pointing out the matter. At one point of hearing, Chief Justice of Pakistan Justice Gulzar Ahmed remarked that there is there is a contest between Justice Qazi Faez Isa and Prime Minister Imran Khan as the SC judge is a party in a case against PM. The Chief Justice of Pakistan, therefore, observed that in these circumstances it would not be proper for the judge to hear the case considering that he had already filed a petition against the Prime Minister of Pakistan, in his personal capacity.
Earlier, the federal government on Thursday denied before the Supreme Court distribution of funds to the Parliamentarians and termed the media reports incorrect. A five-member larger bench headed by Chief Justice Gulzar Ahmed and comprising Justice Mushir Alam, Justice Umar Ata Bandial, Justice Qazi Faez Isa and Justice Ijazul Ahsan heard the case regarding release of Rs500 million each to individual lawmakers directed by the prime minister on account of development funds ahead of Senate elections. The court the other day had sought the statement of the federal government signed by the prime minister and federal finance secretary, with an undertaking that no development funds be released to any lawmaker in violation of the Constitution and its judgment delivered in 2013. Attorney General Khalid Javed in pursuance of the court’s order submitted report on behalf of the finance secretary. “The Finance Division has not allocated or handed over money to any legislator or any other person, nor has it intended to do so,” says the report signed by finance secretary as well as by the prime minister.
The report further stated that the Finance Division has not received any direction or request from any quarter to allocate these funds or any other funds, to any specific project identified by a legislator or any other person. No public funds are being distributed to parliamentarians by the federal government and any report to the contrary in media is incorrect,” says the federal government statement. It added that no money will be handed over to the legislators to carry out development schemes.
The Sindh government through its Advocate General Salman Talibuddin told the court through video link from Karachi that they have filed a statement on behalf of the chief secretary stating that the provincial government has not allocated or disbursed any fund to any of its MPAs during 2020-21. Similarly, the Punjab government through its Additional Advocate General Qasim Chohan told the court that the provincial government has neither distributed any funds to its legislators nor intends to do so.
Meanwhile, Justice Umar Ata Bandial asked Attorney General as to whether he thought that the prime minister was personally responsible and if he is then why you did not raise it the other day, the constitutional protection for prime minister.
Justice Bandial observed that normally the government speaks through its secretaries concerned but not through the prime minister. “Please don’t ask to do any illegal and unconstitutional act,” Justice Bandial told the AG. The AG, however, replied that it’s a matter of jurisdiction and Constitution and he can object on it. At this, Justice Qazi Faez Isa asked the Attorney General as to whether he was objecting to the Constitution or to the order of the court, the AG replied to both.
The court noted down that it appears that the queries raised by this court in the order dated 03.02.2021 have been responded, addressed by all the respective governments and thus, we see no reason to further proceed with the matter and disposed of the matter. The court had taken notice on media reports stating that prime minister had announced Rs500 million for each member of National Assembly and provincial assemblies under sustainable development goals in order to carry out development schemes in their constituencies.
