- Legal questions that merit a response
Since the filing of references against Supreme Court (SC) Judge Qazi Faez Isa and KK Agha of the Sindh High Court by the Supreme Judicial Council (SJC), the legal community has expressed its concern over the motives behind and timing of the cases. That two of the country’s most influential and central representative bodies of the judiciary, the Supreme Court Bar Association (SCBA), Pakistan Bar Council (PBC) are on the same page on this issue is significant considering the many differences both have had in the past. Both have asked a valid question: why such priority being given to these particular judges’ cases as opposed to the 26 other pending references sitting with the SJC. In a letter to the SC, veteran lawyer Abid Hassan Minto has raised the same question in addition to his observations over the prevalent environment in which the references have been filed.
An experienced SC advocate, Minto, while giving due consideration to the confidentiality in such cases and willing to bear all expenses has requested he be provided “findings/orders” of the 398 reference that the SJC has “disposed of”, failing to do which, he asks that at least his questions that are all legal in nature be answered promptly. Apart from asking why there is urgency over Justice Isa and Agha’s references, he asks whether or not judges on the council hearing them have references against themselves that are waiting to be heard. It would do the SC well if it considers the letter in the spirit that it has been written and provides the details requested and/or the questions that are asked in it. However if Minto’s letter is ignored, similar to how the SCBA and PBC protests have been so far, it will only create more problems for the SC as questions from the legal community will increase and intensify bringing with them a wave of justified criticism that will be harder to ignore.
