A ten members full court bench of Supreme Court (SC) presided over by Justice Umar Ata Bandial took up for hearing petition filed by Justice Qazi Faeza against Supreme Judicial Council (SJC) Tuesday
ISLAMABAD (Pakistan Point News / Online - 21st January, 2020) A ten members full court bench of Supreme Court (SC) presided over by Justice Umar Ata Bandial took up for hearing petition filed by Justice Qazi Faeza against Supreme Judicial Council (SJC) Tuesday.Raza Rabbani counsel for Sindh Bar Council (SBC) argued during the hearing of the case that SJC can not review the malafide intent of reference. Assets Recovery unit collected material against the judges while institutions cannot collect material on their own.
Assets unit could send Wahid Dogar application to the president. assets unit verifies complaint then NAB will hold inquiry.He said Assets unit collected material by activating FBR . Special meetings were held to collect material against the judges. There is no role of president and executive in the appointment of judges. When Prime Minister (PM) has no role in the appointment of judges then how can he order inquiry against a judge. Foundation is illegal then the building constructed over it will collapse.
Justice Mansoor Ali Shah remarked can institutions collect material for filing reference.Justice Munib Akhtar remarked your arguments are against Iftikhar Chaudhry decision. As per court's decision material can be collected with complaint against judges. There is tremendous difference between verification of complaint and inquiry. Do you want to say president should send complaint to the council without verification.Justice Umar Ata Bandial remarked one stance came that material can be collected against judges with the permission of the president.
Second stance came that material can be collected under the directives of judicial council. Will government send incomplete material to president in connection with reference. The minute things to which you are going to will be important by themselves while accountability of judges is pivotal and vital point. No discussion was done on merit of reference in Iftikhar Chaudhry case. SC devised several principles in Iftikhar Chaudhry case. Court will too evolve some principles in Justice Faezsa case.
The office of Prime Minister (PM) is constitutional. PM is chief executive of the government and leader of the house. PM is powerless then the entire system will go topsy turvy.The PM has no role to play then the system will run how. Court greatly respects PM.Raza Rabbani cited to high treason case. Lahore High Court (LHC) declared all the proceedings null and void being the basis of the case illegal in high treason case against Pervez Musharraf, he added.
Don't like to present it. After all decision is there. The recent references against judges are based on malafide intent. this is allowed then flood gates will open.Justice Yahya Afridi remarked can PM be a source for material against judges. Accepting it runs contrary to your own arguments.Justice Mansoor Ali Shah remarked can PM collect material for filing reference on the basis of information. PM will place information before the president.Justice Munib Akhtar questioned is Supreme Judicial council bound to the inquiry of executive.Raza Rabbani said my question is this that President and PM can not get conduct such inquiry. Such inquiry will be illegal. The SC can throw such inquiry in waste paper basket. Complaint against judge should be sent to supreme judicial council directlyThe hearing of the case was adjourned till today (Wednesday).