Calculated and concerted efforts were made to smear the reputation of Justice Qazi Faez as the contents of the Presidential Reference were leaked to media before it reached the apex court judge.
"Calculated media trial was launched against the petitioner [Justice Qazi] to force him to resign from his post himself," argued Munir A Malik on Monday while representing the Justice Qazi Faez.
A 10-judge bench, headed by Justice Umar Ata Bandial, heard the petitions of Justice Qazi Faez Isa, Pakistan Bar Council, Supreme Court Bar Association, bar councils and associations of Punjab, Sindh and Balochistan, Abid Hassan Minto, and IA Rehman.
Malik said that before May 28, 2019, the persons privy to the reference were President Arif Alvi, Prime Minister Imran Khan, Special Assistant to Prime Minister on Accountability Mirza Shahzad, Law Minister Farogh Naseem, Attorney General Anwar Mansoor Khan AND law secretary. Later on, the secretary Supreme Judicial Council and chairman SJC/Chief Justice of Pakistan Asif Saeed Khan Khosa came to know about the reference.
It could not be leaked to media from the Chief Justice and the secretary SJC, he said and added the bench could rule out possibility of leakage by the PM and President, but not by other persons, he contended.
Pakistan Electronic Media Regulatory Authority (PEMRA) came into action after the press conference of Special Assistant to PM on Information and Broadcasting Firdous Ashiq Awan and the joint press release of Law Minister Farogh Naseem and Special Assistant to Prime Minister on Accountability Mirza Shahzad Akbar that there should be no talk show and discussion on TV channels regarding the issue.
"The petitioner's reputation was put to tatter by Firdous Ashiq Awan, as she had termed the reference as accountability noose being tightened around judges," Malik said. Firdous Ashiq in her press conference on May 30 said everyone who violates the code of conduct will be held accountable be they politicians, media, judiciary or bureaucracy. "Accountability is equal for all."
Munir contended that the press conference of lawyers' forum was shown live on TV channels, but airing of speeches of top bodies' chiefs was not allowed.
Earlier, the bench dismissed petitions of Supreme Court Bar Association and Punjab and Balochistan bar councils for adjournment of the case until November 4. The SCBA and provincial bar councils on October 22 filed separate applications for adjournment. They have contended that the annual elections of the Supreme Court Bar Association are scheduled to be held on 31-10-2019. All the advocates of the apex court throughout Pakistan, including the counsel in these petitions, are involved in the election and will be busy throughout the next week beginning from 28-10-19.
They also stated that the travelling conditions throughout Pakistan are likely to be disturbed during the next week beginning from 28-10-19 in view of the impeding march on the capital Islamabad on 31-10-19 by various political parties in the opposition.
In the beginning of the hearing, Munir A Malik argued that the special assistant to PM on accountability through a letter sought details from Federal Board of Revenue (FBR) about assets of Justice Qazi Faez Isa's family. Assistant Commissioner FBR on May 10 received a letter regarding tax details of Justice Qazi Faez, which he forwarded to the relevant department for verification.
Justice Sajjad Ali Shah observed that there is no proof that the spouse and children of Justice Qazi Faez Isa are his dependants. "It is not established how the complainant got addresses of foreign residences. Likewise, it was an unauthorized investigation in this matter," he said.
Munir A Malik while reading out the contents of the reference said the government did not allege that these are benami properties. "The government has only alleged that Justice Faez has violated tax law and did not disclose assets of his spouse in his wealth statement." He tried to establish that the entire information was collected through surveillance.
Justice Muneeb Akhtar asked; "There is nothing concrete to establish the claim." He asked Malik whether the SC judge visited abroad in the recent past and stayed there. "It is not a case of ordinary litigant but a matter related to a fellow judge. The entire Supreme Court is under trial. We want to find out how and why the Supreme Court is on a trial," he added.
Munir argued that after the judgment in the Faizabad dharna (sit-in) case, the government and its allied parties raised objections on the verdict. Before sending the complaint to the President of Pakistan, the investigation was carried out. Waheed Dogar's application sent to the government on 10th April was incomplete, he said.
Munir contended that no one inquired from Dogar from where he had obtained the documents against Justice Qazi. He alleged that Shehzad Akbar first met with the complainant and after that he held a meeting with the law minister. The case was adjourned until today (Tuesday).
Copyright Business Recorder, 2019
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