Advocate Supreme Court Responds to Justice Qazi Fiaz Isa’s Letter

Advocate Supreme Court, Mubeen ud Din’s response on the letters written by Mr Justice Qazi Fiaz Isa:

Justice Qazi, in his second letter, has not denied his failure to disclose the requisite information of spouse’s property.

Instead, his letter amounts to admission of the fact.

He only says that he didn’t receive the notice and there is a provision of rectification in case notice is issued by Income Tax Commissioner – rectification? Given the high position he was holding and the requirements of high moral grounds and ethics, for the said position?

He always used to give long sermons in the court, on the issue of equality before law, accountability and transparency, then why he is avoiding the inquiry and raising so much hue and cry.

How independence of Judiciary is at risk, when he has to explain his position not before any political or governmental forum, but in camera proceedings, before his own brother judges, including those who are far senior to him.

On several occasions, he passed remarks in open court and asked the parties to appear before concerned authorities and explain their position by submitting defence and on this ground refused to grant relief, to such parties.

Even in the well known Sumaira Malik’s case of her election as Chairperson of Zila Council Khushab, the ECP in just one day after election, without providing any opportunity of being heard, declared the election void and ordered reelection merely on the ground that some voters fluttered their ballot papers before inserting in the ballot box. Justice Aamir Farooq of Islamabad High Court set aside the ECP’s order on the ground that she was not heard and that the nature of allegations required recording of evidence. It’s a reported judgment. However, in the Supreme Court although Justice Gulzar being senior judge fully supported the High Court Judgment and the law on the point that the matter could be resolved in the election petition as recording of evidence to prove the allegations was required. However, Qazi Fiaz Esa, despite being junior was so rude in the court and rudely insisted that the returned candidate should again go to the electorate and appeal to them to get herself reelected even if the ECP’s order is unsustainable. She should contest election again by clarifying her position before the voters. In the end Justice Gulzar rose and reserved the judgment and asked him to right the judgment – his conduct in open court was even embarrassing for the lawyers sitting in the court.

He rendered the judgment, which he wrote on the same grounds, which he is not accepting in his personal case.

There are several other instances when the self obsessed gentleman denied relief to the parties before him, and asked them to approach the concerned government authorities or institutions to explain and clarify their positions, by discouraging them rather snubbing them on approaching the court – now facing makafat e amal.

His double standards reflect from his letter too.

On the one hand he criticized and severely objected to the disclosure of the contents of the reference to the media but himself disclosed the copies of his own confidential letters to the media.

The requirement of dependent for the purpose of disclosure is also misconceived, as Justice Qazi has himself quoted the relevant provisions in his second letter, which even a layman can read and understand, which unambiguously attaches the condition of dependency with the children only and not the spouse. Details of spouse has to be disclosed whether dependent or not.

Moreover, such declarations are not just to be made to the Income Tax Department but to the Supreme Court as well, by the Judges.

The question of non-provision of copy of reference is also misconceived, as the referring authority is not supposed to provide copy to him, under the law and the requisite procedure, as it is exclusive authority of the Supreme Judicial Council to provide the same, once it decides to proceed with the matter and initiates the inquiry proceedings, as a written response is to be sought by the SJC.

Is he not aware of the simple procedure and can’t he easily get copy of the same from the Supreme Court Building where he himself sits. Why is he writing to the President and the Prime Minister for the copy and deliberately providing the copies of his letters to the media.

Isn’t he himself politicizing and publicizing the matter – why and at whose instance?

SJC would have provided him the copy by now when notice was issued to him but he wants copy from the President and PM who are not authorized as they can only move reference and rest lies with the SJC – keep in mind that Justice Qazi himself pointed out that the copy of reference, under the law cannot not be provided to anybody except the SJC.

So isn’t he himself blowing hot and cold together.

Moreover, isn’t he one of the members who have created a separate Group in the superior judiciary, splitting SC into two groups, which was jointly active against the former CJ Saqib Nisar.

Moreover, it’s a simple and routine matter and usually complaints are filed by even ordinary persons, before the SCJ against the Judges of the superior courts, wherein the SJC do not even proceed in several cases and dismisses some of the complaints without even summoning the Judge. Whereas, in others, notices are issued, whereupon the Judges submit their replies and the references are dismissed.

Why doesn’t he simply submit his written defence by obtaining copy from the SJC, even if it is not yet provided to him by the SJC and get the reference dismissed.

Why he wants to be unaccountable and above the law. Why he wishes that even a compliant should not be filed against him.

Why he does not do and follow the procedure which he himself preaches in the open court while declining similar relief to the petitioners before him.

Moreover, concealment of assets of wives by Imran Khan would not legalize or cure his own illegality – two wrongs don’t make a right

Unfortunately, all these so called bigwigs and self proclaimed persons of integrity, holding high positions, reached those high positions not on merit through open competition but through exploiting their personal contacts with the appointing authorities.

They are self obsessed and undermine others and think themselves as Messiah and the only honest and competent person on the earth.

Unfortunately, they all have double faces and they follow double standards.

Their families live abroad, their economic, family and social ties / interests and stakes lie overseas but they enjoy perks and privileges in Pakistan and stay here to rule us.

As soon as they complete their tenures here they leave Pakistan to stay abroad and live there on handsome pensions received from Pakistan. Here in Pakistan they advance hidden agendas of their masters.

You know, who appointed him directly as the Chief Justice of Balouchistan High Court when he only had corporate practice and even now struggles in civil and criminal matters and asks ABC of law in open courts on the pretext that he wanted to understand the law.

Had he been such a man of principles, why would he accept the post of CJ directly, only on the personal contact basis.

Unfortunately, in Pakistan, we are left with opportunists, thugs and those following hidden agendas of others.

Still waiting to see those loyal Pakistanis, who have their family, social and economic ties and stakes attached to Pakistani soil, coming forward and assume leadership in political, judicial and other arenas.

May Allah SWT protect us and our beloved country and give us the commoners, the strength to step forward and assume leadership, in order to fill the vacuum and steer the nation to the path of glory.

Fighting for the rascals ruling us would lead us to nowhere.

Long Live Pakistan and its resilient nation, destined to shine n lead the path of glory. Ameen.