Inquiry against Justice Isa violates mandate of SJC, Munir Malik tells SC
ISLAMABAD: Munir A. Malik, the counsel for Justice Qazi Faez Isa, on Tuesday argued that the administration bypassed the Supreme Judicial Counsel (SJC) and held an inquiry against Justice Isa, violating the mandate of the SJC.
The counsel told the full court, consisting of 10 Supreme Court judges and headed by Justice Umar Ata Bandial, that only the SJC can hold an inquiry against a judge. The court was hearing multiple petitions against a presidential reference against Justice Isa.
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. Justice Isa has contested that claim, saying he is not a beneficial owner of the flats - neither direct nor indirect.
The counsel while delivering his arguments said that the administration had attempted to target the judiciary. He asked the court to throw out the reference based on "mala fide intentions". Munir A. Malik argued that the reference should not have been sent without approval from the federal cabinet. He said that President Arif Alvi was bound to the approval of the cabinet for sending the reference.
"The SJC should also have taken these aspects into consideration before initiating the proceedings based on the reference," he said. The counsel said that a private security agency was hired to compile a report about activities of the family in London during the past decade. He argued that the relevant authorities issued notices to his client, seeking declaration of assets and tax returns for the period between 2015 to 2018. He added that the mentioned documents had already been submitted. The court adjourned the hearing of the case till Monday.