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Justice Isa case: Justice Maqbool Baqar leaves courtroom after row with judges

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Throughout the listening to of Justice Qazi Faez Isa’s case on Thursday, a row broke out between the judges of the Supreme Court docket after which Justice Maqbool Baqir abruptly left the courtroom, Geo Information reported.

A ten-member bench, headed by Justice Umar Ata Bandial, was listening to the overview petitions of Justice Qazi Faez Isa.

In his arguments, lawyer Hamid Khan stated that the Supreme Judicial Council turns into inactive when a reference is completed with. In response, Justice Umar Ata Bandial stated the council doesn’t grow to be inactive and data may be submitted to it.

Hamid Khan replied that no motion may be taken as regards to references which were revoked. 

Justice Muneeb Akhtar remarked that there was no point out of the restoration of the reference within the ciurt’s judgment, including that the council would overview the contents of the Federal Board of Income (FBR).

Hamid Khan stated property belonging to a decide’s spouse and kids couldn’t be reviewed by the Supreme Judicial Council, in response to which Justice Umar Ata Bandial cited an instance and talked about Iftikhar Chaudhry’s case the place the property of his son Arsalan Iftikhar had been reviewed. 

“The Supreme Court has made observations regarding the families of judges before too,” he stated.

Justice Ata Bandial additional stated that the case of property in extra of revenue is just not solely in opposition to public officers. Then again, Justice Muneeb Akhtar questioned whether or not the SC might overview a case or not if a decide’s household is related with it.

Hamid Khan stated that the Supreme Judicial Council is just not a everlasting physique, due to this fact, taking a suo motu discover is on the discretion of the Supreme Judicial Council. The Supreme Judicial Council can’t be directed to take suo motu notices, he stated. 

Justice Umar Ata Bandial remarked that, up to now, the FBR report has not been reviewed by the Council. 

“The registrar already has all the material related to the report that it could submit to the Council. Can the Supreme Judicial Council be prevented from accepting the material?” Justice Bandial questioned.

The decide stated that the Judicial Council might additionally act on info obtained from elsewhere, to which Hamid Khan stated that the fabric within the possession of the council was collected on the orders of the Supreme Court docket.

Justice Umar Ata Bandial stated that the strategy of scrutiny of a public workplace holder is stricter than that of a typical man. There isn’t a case of corruption in opposition to Justice Faiz Isa and his household.

Advocate Hamid Khan stated that the Structure of Pakistan is the protector of the tenures of judges, the Structure defends unbiased judiciary, to which Justice Umar Ata Bandial stated that in view of the safety supplied to the unbiased judiciary and tenures of the judges, full immunity shouldn’t be granted. 

“People should be able to respect the dignity of the judiciary and [for that to happen] they must have full confidence in the judiciary,” Justice Bandial stated.

Hamid Khan argued that the decide was not certain to elucidate imprecise allegations, to which Justice Umar Ata Bandial stated that if there was an error within the judgment, he would appropriate it.

Lawyer Hamid Khan stated that the Supreme Court docket doesn’t have the facility to present instructions to the FBR. Upon which Justice Umar Ata Bandial requested whether or not the annulment of the reference additionally eliminates the details of the case. 

The Supreme Court docket has broad powers underneath Article 184/3, Bandial stated, including that each citizen has the proper to personal a property overseas, however there’s a distinction between a public official and a typical man.

Justice Omar Ata Bandial additionally remarked that the reality must be delivered to gentle and never hid.

“Yesterday, Serena Isa submitted some documents [before the court] which contained details of sending large sums of money abroad,” stated Justice Bandial.

Upon the completion of Hamid Khan’s arguments, Justice Umar Ata Bandial counseled Khan for offering “very solid and good arguments.”

“We are hearing some sound legal arguments in this court after a long time. I am praising you on behalf of all the esteemed members of the bench.”

When the Further Legal professional Common offered his arguments, Justice Qazi Faez Isa stated: “My speech was related to the Constitution of Pakistan, Islam, and fundamental rights. However, you termed my speech to be “in opposition to Islam and the Qur’an.”

Justice Maqbool Baqir said that he has demanded at least 50 times that this case should be concluded soon, adding that the court also asked the other side not to consume too much time. 

In response, Justice Muneeb Akhtar said that the Additional Attorney General should continue his arguments and “present some respect to the seniors.”

Justice Sajjad Ali Shah remarked that the court should assign a time to Amir Rehman to complete his arguments. 

“If the lawyer is interrupted time and again, I might rise up and go away the courtroom,” he said. 

Upon hearing that, Justice Maqbool Baqar said: “I also can stand up and go away the courtroom.”

Sensing the heated atmosphere in the courtroom, the public prosecutor suggested the court take a 10-minute break. 

In response, Justice Maqbool Baqar said that a 10-minute break would not make a difference, after which he stood up and left the courtroom.

Additional Attorney General Aamir Rehman, in his arguments, said that the review appeal could not be presented for a hearing on the basis of shortcomings in the procedure, adding that the Supreme Court had given a time frame to the FBR to expedite the case. 

Some established facts also exist in this case, he said, adding that the FBR’s authority to investigate cases was not questioned, rather the court — in its decision — recognized the judicial authority to send the matter to the relevant forum for investigation.

Aamir Rehman said that the relevant forum for Serena Isa was the FBR, and the court had not issued any order against Serena Isa.

A hearing is required to present a ruling against someone. But in this case, Serena Isa’s remarks were heard even before the case was sent to the FBR.

Justice Qazi Faez Isa said that the federal government has not filed any review petition, adding that the matter of FBR is between him, his wife Serena, and the institution.

“The federal government is just making an attempt to lengthen the case,” Justice Isa said, adding that government wants to prolong the case till the retirement of Justice Manzoor Malik.

Justice Omar Ata Bandial said that Serena Isa did not give any legal reference regarding the non-hearing.

Additional Attorney General Aamir Rehman said that his arguments are being objected to, adding that if that has to be done, then written arguments should be taken from lawyers. 

In response, Justice Umar Ata Bandial said that the court has no objections related to Rehman’s arguments, rather it needs his assistance.

Aamir Rehman pointed out that Justice Qazi Faez Issa had spoken against his conduct, to which Justice Umar Ata Bandial acknowledged that Justice Qazi Faez Issa had spoken inappropriately. Justice Manzoor Malik also told Aamir Rehman that he is a good man and a lawyer, therefore, he should let go of the matter. 

Justice Mansoor Ali Shah, while talking to the Additional Attorney General, said that the court’s decision he was referring to is different from the pending case. 

The presidential reference against Justice Faez Isa was removed by the majority of judges, Shah said, adding that it is not certain whether the FBR will take action after the decision of the Supreme Court.

“The FBR started the investigation in opposition to the household of the decide within the gentle of our order. The presidential reference was in opposition to A however the proceedings had been initiated in opposition to B,” he said. 

“Give me one authorized instance of a case the place a case was initiated in opposition to a person however proceedings had been carried out in opposition to his spouse,” he questioned.

The Additional Attorney General said that if the FBR had not taken action against offshore properties, it would have been contempt of court.

Justice Yahya Afridi remarked that if the Supreme Judicial Council had ordered the FBR to investigate, it had done the right thing. The FBR was ordered to initiate an investigation by the Supreme Court, but the Supreme Court exercised the same authority as the Supreme Judicial Council. The council should provide assistance with regards to these points. 

The Additional Attorney General said that he apologizes to Justice Maqbool Baqar if he was offended by any of his remarks, to which Justice Umar Ata Bandial said that Justice Maqbool Baqir was the “beloved of the bench.” In the meantime, Justice Maqbool Baqir stated that he was not offended by any of his remarks. 

The Supreme Court docket adjourned the listening to of Justice Faez Issa’s overview petitions until 10.30 am tomorrow.

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