Bahria Town has filed a petition in SC for reclusion of Justice Jawwad S Khawaja from the bench hearing the forest department case.
It has been said in the petition that Bahria Town and Malik Riaz Hussain is aggrieved over the process and proceedings adopted by the court in the case. Justice Jawwad S Khawaja should recluse himself from this bench.
The petition was filed by Aitzaz Ahsan who is the counsel for the petitioner. SC returned it with objections.
It was said in petition that court itself violated article 4, 9 and 25 of the constitution and article 9 of law of evidence order and issued different orders against Bahria town on March 25 and March 31, 2015.
Petition said that court refused to accept general adjournment of the counsel of Bahria Town who was abroad. When the chief justice (CJ) gave an adjournment order then it is understood that case will be adjourned without any hearing and no order of any sort will be issued on that date.
The petition said that the learned bench has given the decision on the points raised in the case. Therefore, Bahria town is being scolded without being heard.
It has been disclosed in this petition that Bahria Town Chairman Malik Riaz Hussain had written a letter to the chief justice of Pakistan (CJP) about the bias of Justice Jawwad S Khawaja. This was a private letter sent to the administrative authority. The writer of this letter did not make it public and this letter was in the knowledge of CJP and its author. The court even then remarked in its April 9, 2015 order that the lawyer should make public the lawyer- client secrets existing between Bahria town and its lawyers.
It has been further said in the petition that court has failed to protect the secrets between Bahria Town and its lawyer, which shows deep bias for the petitioner.
The petition prayed that Justice Jawwad S Khawaja should recluse from hearing of this case. The SC office rejected this petition and returned it.
Bahria town has filed an appeal plea against the decision.
