SC Moved for Nullification of Presidential Reference against Justice Qazi Faez Isa

ISLAMABAD, July 15 (Online Int’l): Supreme Court Bar Association has filed a constitutional petition in Supreme Court in the Justice Qazi Faez Isa case taking the plea that the presidential reference filed against him is based on malafide intent.

The petition further said that espionage spying was made on Justice Qazi Faez Isa on the basis of a so-called complaint against him. The state agencies were allowed to  spy on  Justice Qazi Faez Isa and his family members in the perspective of this complaint. Spying on the basis of complaint not only runs contrary to sovereignty of the judiciary but it also amounts to giving a blackmailing license. Through the government reply, an insult was made.

The petition further said that the counsel for the federal government in his reply said that Justice Qazi Faez Isa is mental patient. The motive behind filing a reference against Justice Qazi Faez Isa in fact was  punishing him  in connection with the Faizabad Dharna case. If the government succeeds in the Justice Qazi Faez Isa matter then not only will the independent judiciary suffer its consequences but also the future judges will be affected by it. In the court former judge Justice Shaukat Aziz Siddiqui  had also talked of interference of a secret agency. Instead of making an investigation into the allegations leveled by him, Justice Shaukat Aziz Siddiqui was sacked. Two bar associations have filed applications to ascertain the truth on the matter of interference by the intelligence agencies in the affairs of courts.  These applications have not been heard so far.

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The petition added that giving advice by the Prime Minister in reference against Justice Qazi Faez Isa is based on malafide intent. Justice Qazi Faez Isa and his spouse were alleged of not showing their properties without any evidence. The contents of reference against Justice Qazi Faez Isa were released to media deliberately for the sake of media trial.  Media trial  of SC judge is shameful and insulting which was not investigated.

The petition said former Chief Justice of Pakistan Asif Saeed Khosa had once said judiciary was facing threats from within rather than from outside. Supreme Court Bar Association agrees with  former chief justice of Pakistan over his this stance.

The SCBA has prayed the court to  declare presidential  reference against Justice Qazi Faez  as based on malafide intent and set aside it.   Referring the matter to Supreme Judicial Council be declared illegal besides stopping the supreme judicial council from initiating further action.

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