Justice Umar Ata Bandial said the institution (SC) has protection under the Article 209 of Constitution.
If there is any complain against any judge of the superior judiciary or some state officials, Supreme Judicial Council is the forum for their trial. The highest standard of compliance to the law and constitution is attached to the judges.
During the course of proceedings, Babar Sattar referred Prime Minister Imran Khan's statement about the chief justices. Addressing the inaugural ceremony of Havelian-Mansehra section of the Hazara motorway at Havelian on Monday last, Prime Minister Imran Khan urged Chief Justice Asif Saeed Khan Khosa and the future Chief Justice of Supreme Court Gulzar Ahmed to come forward and restore public confidence in the judiciary. Imran Khan also said there was a perceived disparity in how the powerful and common people are treated in the country's judicial system. The PM said he was ready to support to change the perception and restore public confidence in the institutions.
Upon that Justice Bandial forbade the counsel to use the rostrum for political statement. "No one is perfect and there is always room for improvement," he said and added that due to an act of district court judge, the whole judiciary had to face embarrassment. Don't discuss about the Prime Minister Imran Khan and his wife. "We will deal with the PM's remarks at relevant time in accordance with law and Constitution," said Justice Bandial.
Heading a 10-judge bench on Tuesday, Justice Bandial heard identical petitions challenging the Presidential Reference against Justice Qazi Faez for allegedly not disclosing his foreign properties in wealth statements. Besides the apex court judge, Pakistan Bar Council, Supreme Court Bar Association, Bar Councils & Association of Punjab, Sindh and Balochistan and Abid Hassan Minto and IA Rehman have also challenged the Presidential Reference.
Sattar said he is not discussing politics, but it usually happens that one party is happy and other unhappy over court's verdicts. "I am not criticizing the PM, but it seems that the Premier Khan is not happy with a court decision; therefore, he has given such a statement."
Justice Bandial said the dignity of the institution is public trust and confidence. There is also a fiduciary duty to the people who approach courts every day. "We must have to demonstrate that trust and confidence in every way," he added.
Sattar argued that Justice Faisal Arab on Monday last observed that there could be possibility that money was laundered from Pakistan for purchasing properties in the UK. He contended that no motive has been established that the funds were gone from the petitioner's income.
The counsel said that before becoming judge of Balochistan High Court, Justice Qazi Isa was a senior partner and head of litigation in one of Pakistan's leading law firms. He was the highest taxpayer individual. There are no allegations that he does not have means, while his tax returns show he has money.
Justice Umar Bandial said there are no allegations of corruption against the petitioner and that his wife owns the assets, but the petitioner as cited in the show cause notice has not declared those assets. Therefore it has been assumed that money has come from somewhere for the properties and that it was her husband's money.
Sattar argued if there is allegation of corruption against any judge then the surrounding circumstance must be looked at. If the wife of a judge is doing business and earning and driving a fancy car that does not mean that the judge is corrupt. Justice Mansoor, on a lighter note, said even if a judge is driving a fancy car that also does not mean that he is corrupt.
Sattar maintained that in the Panama case judgment, it was the opinion of Justice Asif Saeed Khan Khosa that Maryam Nawaz, who is married, is not a dependent of ex-PM Nawaz Sharif. He said Justice Isa's daughter, who is married, and son, who is above 25 years, are not the dependents.
Sattar concluded his arguments and now Munir A Malik would argue from Wednesday (November 27).