SCBA challenges references against Justice Qazi Faez Isa

• Published date: 17 August 2019
• Publication title: Regional Times

The Supreme Court Bar Association (SCBA) has challenged the references filed against Supreme Court (SC) judge, Justice Qazi Faez Isa, contending that the references are motivated by the judge's verdict in the Faizabad sit-in case.

The constitutional petition was filed by the SCBA on Thursday through its president, Amanullah Kanrani, and the respondents are the Supreme Judicial Council (SJC), the president of Pakistan (through the principal secretary to the president), and the federation of Pakistan (through the secretary of law and justice division).

The petitioner contends that the references against Justice Isa 'while cloaked in pious proclamations of accountability - are actually rooted in mala fides of fact and law.'

'[The references] in fact, are an outcome of a joint and systematic attempt being made by certain visible, and certain invisible, quarters within the executive branch to intimidate judges into subjugation and permanently fetter the independence of the judiciary,' states the petition.

The petition states that the 'references are primarily motivated by his [Justice Isa's] authorship of the Faizabad judgment which have (sic) aroused great resentment on part of the ruling parties and within the visible and invisible branches of the government.'

It further states that 'the petitioner was also aggrieved by the manner in which the said References are being proceeded with and by the general lack of transparency in proceedings before the Supreme Judicial Council.'

The SCBA petition requests the SC to 'declare that Special Reference No.1 of 2019 and Reference No.427 of 2019 are filed for collateral purposes and mala fide in law and fact and without legal basis and hence non est.'

It also calls for the SJC to be restrained from proceeding further in the references and for all current proceedings to be declared 'void, discriminatory and corum non judice'.

The bar association has also sought SC directives to the SJC 'to amend the SJC Procedure of Enquiry to provide greater transparency in the working of the SJC'.

The petition is based on several grounds, some of which are as follows:

'That the references or complaints against Justice Isa have been preferred for collateral purposes and are mala fide in law and/or in fact and are non-est.'

'That the said references are primarily motivated by his authorship of the Faizabad judgment which have (sic) aroused great resentment on part of the ruling parties and within the visible and invisible branches of the...