Case against Justice Isa is for pressuring superior judiciary, counsel tells SC

The Supreme Court on Monday resumed hearing of petitions challenging the presidential reference against Justice Qazi Faez Isa.

Justice Umar Ata Bandial was heading the full court consisting of 10 SC judges. Justice Isa has already furnished two rejoinders to rebut the allegations levelled by the federal government in its reply and those on behalf of the Supreme Judicial Council (SJC).

At the onset of the hearing, a lawyer raised objection over Justice Bandial's presence, saying that the SJC had filed a reference against him which is still pending, so Bandial should recuse himself from the hearing. The judge responded that the SJC will decide that reference.

Meanwhile, Justice Sajjad Ali Shah reprimanded the lawyer over his behaviour and tone while Justice Maqbool Baqir asked him to leave the rostrum but the counsel refused to do so, challenging the bench to charge him with contempt of court. The bench then summoned president of the SC Bar Association who removed the lawyer from the rostrum.

Advocate Munir A. Malik, the counsel for Justice Isa, argued in the court that his client had not accused any judge of discrimination or personal grudge. He said that Justice Isa has no objection over the full court or the judges who recused themselves.

Justice Bandial reminded him that the bench had already rejected objections over the member judges.

"The core issue in the case is of pressuring judges of the superior judiciary," the counsel continued.

Talking about the issues taken up in the references, the counsel said that Justice Isa's wife had purchased the first flat in 2004, while the petitioner became a judge after five years. His assets were verified when he was sworn in as a judge, said the lawyer. The second and the third flats were purchased in 2013 by the offspring of Justice Isa, he said, adding that back in 2013 the judge was discharging his duties as the then chief justice of the Balochistan High Court.

The reference filed against Justice Isa alleges that he acquired three properties in London on lease in the name of his wife and children between 2011 and 2015, but did not disclose them in wealth returns.

Advocate Malik contested that claim, saying Justice Isa was not a beneficial owner of the flats - neither direct nor indirect.

The counsel continued that there was no allegation of corruption and dishonesty. Both Justice Isa and President Arif Alvi keep constitutional posts, he said, expressing his hope that the two would take care of the decorum of their posts.

Advocate Malik, however, put it on the record that his client had reservations over the expenditures by some people enjoying high constitutional posts.

"No one, including Justice Isa, is above the law," he said, adding that the way the SJC had taken action would also be exposed.