LHC judge Farrukh resigns

Justice Muha-mmad Farrukh Irfan Khan of the Lahore High Court facing a reference in money laundering and offshore properties case on Tuesday resigned to avoid disciplinary proceedings before the Supreme Judicial Council.
Justice Farrukh Khan was facing a reference after his name surfaced on the list of those having offshore properties in the 2016 Panama Papers leaks. A five-member council headed by Chief Justice Pakistan has closed the reference against him. The council had issued him a show cause notice in February 2017 for indulging in money laundering in a reference filed against him by a former bureaucrat of district management group Nazar Muhammad Chohan. Justice Khan in its eight pages resignation sent to the president said, "I have been forced not to perform any function in a free and fair manner without the fear of reprisal and as such I have no alternative but to resign from my constitutional position as a judge of the Lahore High Court with effect from 9th April, 2019".
On the last hearing, CJP Justice Khosa being the head of SJC, had expressed annoyance over seeking adjournment after adjournment by Justice Farrukh Irfan Khan and observed that the case was pending since last three years. The chief justice had given him last chance to produce witnesses. However, on April 8 two witnesses had recorded their statements and the SJC had summoned Justice Khan for Tuesday (April 09).
The SJC closed reference against Justice Khan when it was informed on Tuesday that he had resigned and sent his resignation to the president.
Justice Farrukh Irfan was made as adhoc judge of the Lahore High Court on February 20, 2010, and was due to retire on June 22, 2020, on attaining the age of superannuation (62 years). He stood fifth on the seniority list of LHC judges. After his resignation, the number of LHC judges lowered to 46 against the sanctioned strength of 60.
In his resignation sent to the president, Justice Farrukh also expressed dissatisfaction over the proceedings conducted by the SJC, saying "the council has proceeded in an unfair, arbitrary and summary manner in violation of doctrine of fair trial and due process as enshrined in the constitution of Pakistan."
"The Supreme Judicial Council has not provided me sufficient time to procure affidavits, materials and witnesses, some of whom had to come from abroad and gave only three working days to produce my entire evidence in January 2019, which shows bias and predisposition of their mind which is against all principles of natural justice and free and fair opportunity to defend myself, as it has caused prejudice to me by filing incomplete affidavits of my defence witnesses with limited information that could not be gathered within deadline of three days."
Justice Khan also claimed that statement of former attorney general was recorded by the SJC in absence of his counsel. "The SJC recorded the statement of former attorney General Ashtar Ausaf Ali on March 6, 2018, in my counsel's absence which tantamounts to misconduct, miscarriage of justice and tampering with the record of the Council. Thus it has violated all norms of fair trial, due process and impartiality, Justice Khan further alleged.
In his reply, he claimed that no tax was ever evaded by him and refuted all the allegations of money laundering. It was also contended that there was no requirement of disclosure of foreign properties to Pakistan tax authorities. His properties in Orlando and Florida were mortgaged before his elevation as a LHC judge and through a gift deed dated February 3, 2010, those properties were gifted to his brother Muhammad Ahmad Irfan Khan.
On January 14, the SJC had rejected a request by former CJP Iftikhar Muhammad Chaudhry to constitute a commission for recording his evidence in a reference against Justice Khan.
"We decline the request as we do not find it expedient to appoint the commission," the then CJP observed, adding that the affidavit would only be treated if the former CJP came forward for cross-examination.
In his affidavit, Justice Iftikhar Chaudhry had defended Justice Farrukh Irfan Khan by saying that he did not receive any complaint against him from any person, bar, judge or the LHC Chief Justice during his tenure as CJP, and that the sitting judge was not short-tempered or disrespectful to lawyers, litigants or government officials. Justice Khan had also approached the Supreme Court (SC) seeking an open trial of a reference being heard against him by the SJC but the same was also rejected. In the petition, the judge had urged the court to declare the SJC Procedure of Inquiry 2005 unconstitutional and halt the proceedings before the SJC till the disposal of his petition.