The AG controversy.

Islamabad: WHEN a judge of Pakistan's superior courts is considered mentally or physically incapable of performing the duties of office, or may be guilty of misconduct, his removal can be sought from the Supreme Judicial Council (SJC).

There are two routes regarding this: one is by way of a standard complaint, the other is by way of a presidential reference sent to the council. In the latter case, the council is bound to conduct a hearing and ask for the judge to show cause, as it is presumed the president (and by implication the federal government) applied their mind to the information received and considered it worthy of inquiry.

A presidential reference alleging misconduct upon the person of Justice Isa was sent to the SJC, as investigated and determined by the government's Assets Recovery Unit (ARU), processed by the law ministry. The nature of the alleged misconduct pertained to a failure to disclose certain assets: properties allegedly belonging to the judge in the name of his spouse and children. It was alleged that Justice Isa's not declaring these properties was a violation of the requirement to state the assets held by an individual or his immediate dependants in his wealth statement.

Justice Isa replied to the reference on its merits, but also filed a constitutional petition against the SJC's entertaining it. The petition argued that the reference was motivated by malicious intent, the allegations were not previously put to the owners of the properties by the taxation authorities and that the purported information collected regarding the allegedly undeclared assets has been gathered through illegal surveillance. Hence, the process of removal was triggered in bad faith, and must not proceed.

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Some of the important things the previous AG did in the government's service were by accident.

He argued that he was mandated only to declare the wealth of his dependants if any, and that his wife and children were not dependent on him and had their independent sources of income. He said the only way these properties could be identified was through illegal surveillance of his person.

Across detailed hearings, it has been alleged that the reference was maliciously motivated due to friction between the judge and certain powerful institutions, abetted by some cabinet members. It has been alleged that the references arise from a need to silence him and retribution for his daring to task state functionaries to stay within...