SC debates maintainability of petitions challenging reference against Justice Isa.

Byline: Nasir Iqbal

ISLAMABAD -- Justice Umar Ata Bandial on Monday wondered whether the petitions challenging the filing of the presidential reference against Justice Qazi Faez Isa were maintainable or not since the Supreme Judicial CounAcil (SJC) had already taken cognisance and initiated inquiry against the judge.

Justice Bandial, the head of a 10-judge Supreme Court bench which had taken up a set of petitions challenging the filing of the reference against Justice Isa, observed that the purpose and effort should be to make workable Article 209 of the Constitution, under which the SJC commences proceedings against a judge.

When allegations have been made in the complaint by the complainant about acquiring offshore properties by the wife and children of the judge, should not this allegation be answered when the only possible manner is to issue notice to the judge, Justice Bandial observed.

And would pointing objections to the issuance of the notice mean that the inquiry by the SJC against the judge should come to an end, Justice Bandial wondered.

Justice Bandial also observed that treating the president as a mere rubber-stamp in such matters would 'entail complications if we accept that the entire matter exclusively rests with SJC'.

The observation came after Senator Raza Rabbani, who represented the Sindh Bar Council, argued before the apex court that the president's opinion was tentative in nature as it was up to the SJC to conduct the inquiry and decide whether the judge was guilty of misconduct or not.

No fetters can be imposed upon the judiciary's independence, the counsel argued. Otherwise, the entire edifice of civil society would cease to exist.

'How can we say today that the right to hold an inquiry into the allegations against the judge by ISI, FIA or the FBR should be condoned and if ignored, this will open the floodgates of chaos,' Mr Rabbani questioned.

'If the prime minister or the law minister are allowed to order an inquiry against a judge, it will hand the executive a lever to manipulate judges,' the counsel expressed an apprehension.

'Don't you think that a stronger lever will be handed to the executive since a simple complaint may trigger a reference against the judge,' wondered Justice Faisal Arab.

Citing Article 209 (4) of the Constitution, the counsel...