Misconception led Alvi to send reference against judge, lawyer tells SC.

ISLAMABAD -- Senior counsel Hamid Khan, representing the Supreme Court Bar Association (SCBA) and other bar associations in a petition challenging the reference against Justice Qazi Faez Isa, argued before the Supreme Court on Tuesday that the president had sent the reference on the basis of a 'misconception' that the prime minister's advice was binding on him.

The counsel contended before a 10-judge full court of the Supreme Court that the president had to make an independent opinion before forwarding the reference against a judge on misconduct charges to the Supreme Judicial Council (SJC).

But going through the complaint, Mr Khan said, it appeared there was a confusion that since the information had been sent on the advice of the prime minister, it was binding and the president had to form an opinion on the basis of such advice.

On the contrary, the counsel contended, the president had to satisfy himself independently since the matter, when referred by the prime minister or the cabinet, was simply a piece of information and 'needed to crystallise' first.

Hamid Khan, who is expected to conclude his arguments on Wednesday (today), is representing four petitions challenging the filing of the reference against Justice Isa.

The petitions were filed by SCBA, Quetta Bar Association president Mohammad Asif Reki, the Balochistan Bar Council and Punjab Bar Council's vice chairman Shahnawaz Ismail.

During the hearing on Tuesday, Justice Yahya Afridi wondered how one can expect that the president would hold a preliminary inquiry first after the prime minister sends the information against the judge and even if the president decides to hold the inquiry, what sources will he apply when the executive has already sent the information.

Although the information was initiated through a private complainant Abdul Waheed Dogar, it was 'crystallised by the executive', Justice Afridi observed.

The counsel argued since the president did not see the substance in the reference, he did not form his independent opinion before sending it to the Supreme Judicial Council.

The opinion of the prime minister was taken as if it is the president's opinion when the...