"Justice Qazi Faez Isa's wife's assets, unlike many prominent persons in Pakistan including the incumbent prime minister, have never been owned through an offshore company or a blind trust registered in Panama, Cayman Islands, Isle of Man, Jersey or any other offshore domain for the UK tax avoidance purposes or identity concealment purposes.
"These properties were bought and have always been held in plain sight in the petitioner's (Justice Qazi's) wife and children's names," stated the 116-page synopsis of submissions filed by Muneer A Malik and Babar Sattar on behalf of the apex court judge.
"He said that the PM's opinion that the petitioner had committed misconduct by not declaring his wife's assets in his own wealth statement under Section 116 of the ITO could not possibly have been bona fide given that the PM's own wealth statements did not declare his wife's assets.
"They submitted there were two other important reasons why it was essential the apex court decided these issues here rather than in the Supreme Judicial Council (SJC).
"Firstly, the proceedings before this court - unlike those before the SJC - are public and open to all.
"The petitioner's application seeking disclosure and public hearing was not allowed by the SJC despite the petitioner and his family's public vilification.
"If your Lordships are minded to quash the reference on the basis of the illegal behavior of the referring authority; the details of such behavior shall be known to the public at large and the judgment will be published in the law reports.
"No one will be able to raise a finger that there has been a cover-up or that the judiciary has tried to protect one of its own.
"Secondly, the reasoning of your Lordships in relation to the behavior expected from the executive in relation to Phase 1 of Article 209 will become part of the law (rather than just being a part of a recommendatory report).
"It will guide and bind future presidents and governments to come.
"The further reason for the petitioner not going to the SJC is that the council has itself exceeded its jurisdiction and the show cause notice issued by it went far beyond the reference. It was unauthorisedly issued and was also void for that reason.
"The petitioner said the law minister, who is the MQM's representative, also shared the collateral purpose and malicious desire of the prime minister to remove the petitioner on account of the Faizabad dharna judgment.
"Moreover, the law minister could not be absolved of leaking of the reference to the media because he and his ministry even issued a press release in this regard.
"The petitioner maintained that the time has come to put a definitive stop to such illegal actions by initiating contempt action against all concerned and order the initiation of appropriate criminal action.
"This too is something, which the SJC cannot do.
"If such practices do not stop the public confidence in the judicial institution will be totally and utterly destroyed."
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