Justice Isa files plea, raises questions

Justice Qazi Faez Isa on Friday filed an application in the Supreme Court raising various questions for Law Minister Farogh Naseem and Special Assistant to PM on Accountability Mirza Shahzad Akbar.
Justice Faez's petition in relation to the presidential reference against him is pending before a 10-judge larger bench, headed by Justice Umar Ata Bandial since February 24, 2020.
In the last hearing, Khalid Jawed Khan, who replaced Anwar Mansoor Khan as Attorney General for Pakistan (AGP) had refused to represent the federal government in Justice Faez's petition, and sought time, so the government could engage a lawyer for defending it.
Justice Faez, an apex court judge, in application has named Farogh Naseem, Mirza Shahzad Akbar, former AGP Anwar Mansoor, ex-Special Assistant to PM on Information Firdous Ashiq Awan and Abdul Waheed Dogar, who had filed the complaint against him.
The judge said though the named persons have undoubtedly committed contempt of court. However, through this application, he merely seeks to put the record straight in the service of truth.
He requested the court to consider and accept the contents of his application. It mentions that Farogh Nasim was an ardent supporter of MQM founder Altaf Hussain. He has violated the oath of office of the Law Minister, and the provisions of the Legal Practitioners and Bar Councils Act, 1973.
He stated that former AGP Anwar Mansoor in his submission on February 18, 2020 made unsubstantiated and highly contemptuous statement, which was an attack on the apex court.
Ex-AGP Capt Anwar Mansoor Khan (retired), while pleading the case on February 18 cast aspersions on the bench saying that "some bench members were privy in drafting the petition [Justice Faez's]."
The statement infuriated the judges; therefore, they asked him to tell the names or tender an apology. However, Anwar Mansoor before the next date of hearing resigned as the AGP and withdrew his statement and tendered unconditional apology.
The judge said Anwar Mansoor did not "behoove his constitutional position, and undermined the independence and integrity of his office. He also undermined the rigid constitutional guarantee of independence of the judiciary and discarded prohibition against committing contempt of court at the altar of politics and subservience".
The statement said that Mirza Shahzad Akbar, Law Minister and the ex-AGP acted as a "troika". It said the Assets Recovery Unit (ARU) is not established under the Constitution or any law.
Therefore, every action of the so-called ARU and its so-called chairman is unconstitutional and illegal, and Mirza Shahzad Akbar is nothing but an "impostor". He said Shahzad Akbar should answer, whether he is a Pakistani, a foreigner or a dual-national.
The petitioner said Shahzad Akbar illegally gathered the information about a judge of the Supreme Court, and his family, but does not reveal the same about himself and his family.
Shahzad Akbar, also appointed as Special Assistant on Accountability to Prime Minister, remains the most unaccountable person in Pakistan, "an enigma cloaked in secrecy".
"Shahzad Akbar exercises powers, which only those in the service of Pakistan can exercise. He directs government servants to do his bidding, illegally accesses confidential information and misuses it. He daily subverts the constitution," the statement added.
Justice Faez said Shahzad Akbar should give answers about his past and present political affiliations, and is he a government servant, a politician, neither or both.
Justice Faez demanded that many of the questions with regard to Shahzad Akbar, also needed to be answered by Ziaul Mustafa Nasim (respondent No 9), "another character in the troika's drama".
He said "Shahzad Akbar has no special qualification as per the Supreme Court judgment in the Muhammad Adil Chatta case". The judge has put questions to Abdul Waheed Dogar, who had filed the complaint against him in the Supreme Judicial Council.
He said Dogar is famous for his penchant for "false stories, to malign victims of violence. His [Dogar] handlers display contemptuous arrogance and disdain". Justice Faez said "propaganda" campaign was launched through Firdous Ashiq Awan, to further besmirch the petitioner's character.
"Firdous Ashiq had joined the PTI, just before the last general elections. She contested election on the PTI's ticket but was not chosen by the electorate," he added. The petitioner submitted that the president is the head of State and represents the unity of the Republic but, unfortunately, "he too joined the fray on the side of the government".
He said the president after submitting the reference to the Supreme Judicial Council arranged to be interviewed in the President's House, and spoke about the reference.
He stated that thrice, he wrote to the president but never once received the "courtesy of a reply. However, the president deemed it fit to speak to the media about the reference".