Attack on judge's tenure likened to assault on judiciary.

ISLAMABAD -- Former law minister Iftikhar Gillani argued before the Supreme Court on Thursday that the entire legal fraternity was behind judges and believed that an attack on the tenure of a judge was an assault on the judiciary's independence.

'The tenure of superior court judges is inextricably linked with the independence of the judiciary,' Iftikhar Gillani argued before a 10-judge full court of the Supreme Court that is hearing a set of challenges to the filing of a presidential reference against Justice Qazi Faez Isa.

Advocate Gillani, who represents the Khyber Pakhtunkhwa Bar Council and the KP High Court Bar Association, contended that lawyers would ensure that judges were not touched on the whims of certain individuals.

The case was adjourned to next month.

The counsel recalled that a one-page complaint was the basis of the entire reference, even though Article 209 of the Constitution provided total protection to the judiciary. The provision pertains to the Supreme Judicial Council (SJC).

'You want to throw out a Supreme Court judge on a single-page complaint,' the counsel remarked, adding that Article 209(5) of the Constitution does not envisage an inquiry by the president, let alone by the executive.

The judiciary is the sheet anchor of society, which flourishes around the judiciary, Iftikhar Gillani contended. 'The reference smacks of ill will.'

When Justice Umar Ata Bandial, who heads the full court, asked Mr Gillani to provide instances in proof of the allegations of surveillance against Justice Isa, Justice Syed Mansoor Ali Shah observed that surveillance also means 'collection of information which otherwise cannot be procured through official sources'.

'Is anything on the record that the addresses were disclosed by the petitioner judge?' Justice Shah asked.

The counsel was bitter over the way the court's principal law officer held a press conference about developments regarding the special tribunal. 'I have never seen such thing in my entire career.'

Mr Gillani argued that the president had no power to hold an inquiry under Article 209 since he was required to form his opinion on the basis of information alone. However, he can direct the SJC to probe the matter.

The counsel said he believed that the reference was a response to the judgement handed down by Justice Isa in the case relating to the 2017 dharna (sit-in).

The review petition against the judgement contained 13 references to the the author judge, even though the...