–SC judge seeks copy of reference if there’s truth to report of misconduct reference against him
A day after reports regarding the filing of a reference against a senior judge in the Supreme Judicial Council emerged, a Supreme Court judge, Justice Faez Isa, wrote a letter to President Arif Alvi, asking the president to let him know if these reports hold truth.
According to reports, the copies of the letter have been sent to the prime minister and the SC as well.
“I have to come to learn that the government sources are stating that a reference has been filed against me under Article 209 of the Constitution. I will be obliged if you could let me know whether this is correct and if it is, then provide me with a copy of the alleged reference,” media reports quoted the letter to the president as saying.
Justice Isa also expressed displeasure over the media reports about the reference, saying “selective leaks” were tantamount to character assassination, which also undermine his right to a fair trial as well as compromise the dignity of the judiciary.
“I am confident that you will agree that if a reference has been filed and I have been called upon to submit a reply, only then to the permission of the Supreme Judicial Council, the government may disclose the reference and my response thereto,” the report claimed.
Justice Isa had given a verdict pertaining to Faizabad sit-in, which was highly critical of the military’s involvement in political activities and asked it to remain within the constitutional ambit.
His verdict also criticised the PTI for 2014 sit-in that, according to the verdict, had set a precedent for the TLP protest in the capital. The Inter-Services Intelligence (ISI) and PTI also approached the court to contest the verdict.
On Tuesday, reports emerged that the government would file a misconduct reference against the two senior judges for possessing undeclared foreign assets.
However, it remains unclear whether the reference has been received by the Supreme Judicial Council (SJC) as there is no official confirmation from that end.
The wife of one of the judges owns a property in Spain which was not declared in the wealth statement of the judge. It is unclear whether the tax records list the spouse as the judge’s dependent or not.
According to reports, the reference was prepared within the Law Ministry with help from a former apex court judge. The government has also registered a complaint against some high court judges who own foreign properties.
The legal fraternity has started consultations over the matter and has urged that the seriousness of the charges must be kept in mind before such references are filed as the Article 209 of the Constitution allows judges to be removed over misconduct.