Live broadcast: SC reserves verdict on Justice Isa’s plea

ISLAMABAD: The Supreme Court (SC) on Thursday reserved its verdict on Justice Qazi Faez Isa's plea for live broadcast of his review petition's proceedings.

A 10-member SC larger bench comprising Justice Umar Ata Bandial, Justice Maqbool Baqar, Justice Manzoor Ahmed Malik, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Qazi Muhammad Amin Ahmed and Justice Aminuddin Khan heard the review petition seeking removal of paragraphs 2 to 11 of the June 19, 2020 verdict.

On June 19, 2020, seven judges of a 10-judge bench quashed a presidential reference against Justice Isa but also ordered the Federal Board of Revenue (FBR) to conduct an inquiry into the foreign assets of the judge's family and submit a report to the Supreme Judicial Council (SJC).

During the hearing, Justice Isa in his arguments said that the government should do its work instead of spying on judges. “I’m alone and I will remain steadfast like a rock,” he said. He quoted the government as saying that the people were ignorant and they could not understand the court proceedings.

At this, Justice Umar Ata Bandial remarked that the government had not used such words, adding that “every word spoken by you is reported by the media. Yesterday you used the word ‘gutter’ and that too was reported. You are a judge, so be careful in selection of words.” Justice Bandial said that private printing press publishes all laws and court decisions. “It’s shameful. What if all private firms refuse to publish,” he added.

Justice Isa said that the judges should not be hounded; they should not be spied upon. If such a situation prevailed, he would not like to live in the country. “Don’t deliver us such sermons, public comprehends court language.

If judges speak through their decisions, then the media should be sent out of the court. Let the media not decide what it has to print out of my remarks,” he said. Justice Faez Isa said if they would speak through their decisions, then these would be released to the media later on.

He said the media was so independent that all news in the national media started from Prime Minister Imran Khan and Sheikh Rashid Ahmad. He asked if the media was so free and independent, then why it had announced a long march from Quetta.

Justice Isa said the report on the Quetta tragedy was banned, while terrorism was being promoted. “It is said ‘son you are seated in Rawalpindi; do whatever you can. Who’d filmed Judge Arshad Malik in an objectionable position? Who made the video of Saulat Mirza in the jail and released it to the media?” he said.

He said those who considered Pakistan their fiefdom were either pharaohs or deranged. “Imran Khan said the opposition wanted to kick one judge up the ladder. How can the opposition push me up [the ladder]? You better remove a judge but don’t blackmail him,” Justice Isa continued.

He said the prime minister had attacked a national institution, adding that tomorrow he will also ask the Supreme Court to step down. “A few days later, the country’s Independence Day would be celebrated. On this day, the makers of the country are seen nowhere and one just sees the military parade. Not tanks but the pen makes a country. After some time, Zia-ul-Haq’s portrait will replace the Quaid’s.”

He said there could be no discussion on how Pakistan was dismembered adding that Hamood-ur-Rehman Commission report still lay in the drain. “Do the powerful people fear an ignorant nation? If action was not to be taken on the [Hamood-ur-Rehman Commission] report, then why the precious time of the chief justice was wasted? Why it was not translated into Urdu?” On this, Justice Bandial said the Urdu version of the report was now available in the market.

“I say the federal cabinet meetings should also be broadcast live. Politics can’t be discussed in the cabinet meetings but we see the federal ministers giving political statements. The speech of ‘meray hamwaton’ is also broadcast live. All TV channels talk of the establishment and agriculture department but none of them talks about the situation in Gilgit-Baltistan.

The world says an agri department does a lot more jobs other than planting trees." During the course of proceedings, the petitioner Justice Isa said it was being propagated that the junior judges had never given a ruling against the senior colleagues.

He said the court was asked to send the matter to a full court and what would be the position if the chief justice did not convene a full court meeting for a long time. Two judges had recused themselves from hearing his case, he added.

He said three judges of the bench were members of the Supreme Judicial Council. He said he had pleaded live broadcast of his review petition and not for all cases, and its purpose was to show that the court made everyone accountable at the public level. All the judges except Justice Bandial were his juniors, he added.

Justice Munib Akhtar said the additional attorney general was representing the government, who argued on legal points. Justice Isa should not humiliate the other party's lawyer, he added.