• Friday, July 19, 2019

Inquiry against Supreme court and High Court judges

Discussion in 'Pakistan Justice System' started by ghazi52, May 29, 2019.

  1. ghazi52

    ghazi52 ELITE MEMBER

    Messages:
    35,210
    Joined:
    Mar 21, 2007
    Ratings:
    +28 / 46,027 / -0
    Country:
    Pakistan
    Location:
    United States
    Inquiry against Supreme court and High Court judges

    Offshore properties: Govt files references against three judges

    May 29, 2019

    ISLAMABAD: The federal government has filed references with the Supreme Judicial Council (SJC) against two judges from the high courts and one of the Supreme Court for having properties abroad but not mentioning them in their wealth statements.

    It has been learnt that President Arif Alvi has filed the references with the SJC under Article 209 of the Constitution.

    There was no official confirmation from the SJC; however, an official of Ministry of Law and Justice confirmed the filing of references. Sources said these judges had their properties abroad, which were either in their own names or in the name of their spouses.

    A judge allegedly owns a property in Spain in the name of his spouse but he has not disclosed it in his wealth statement.

    The other two judges of Sindh and Lahore High Courts are alleged to have properties in the United Kingdom.

    The Ministry of Law and Justice has drafted these references in coordination with former judges of the Supreme Court and high courts.

    The Supreme Judicial Council comprises Chief Justice of Pakistan as Chairman, two most senior judges of the Supreme Court and two most senior judges of the High Courts as members.
     
    • Thanks Thanks x 1
  2. ghazi52

    ghazi52 ELITE MEMBER

    Messages:
    35,210
    Joined:
    Mar 21, 2007
    Ratings:
    +28 / 46,027 / -0
    Country:
    Pakistan
    Location:
    United States
    SC orders inquiry against three Sindh High Court judges over 3-year delay in deciding bail plea

    May 27, 2019

    [​IMG]

    A three-judge bench headed by Chief Justice Asif Saeed Khosa approved the pre-arrest bail application of the murder suspect.

    The Supreme Court on Monday ordered an inquiry against three Sindh High Court judges who were unable to decide an application for pre-arrest bail filed by a murder suspect despite the passage of three years.

    In what was the first case heard by the top court via e-Court, a system based on video-link connectivity, a three-judge bench headed by Chief Justice Asif Saeed Khosa also approved the pre-arrest bail application of suspect Noor Mohammad.

    The court was informed during the hearing that a murder case was registered against Mohammad at Shahdadpur police station in 2014. The suspect had subsequently approached the Hyderabad circuit bench of the SHC for his pre-arrest bail in 2016.

    Chief Justice Khosa observed that as per the statements of eyewitnesses, the murder was committed by unidentified persons and the suspects nominated in the case were not involved in the killing.

    Also, he remarked, the local police "displayed mala fide intent while investigating the case". Justice Khosa noted that two other suspects in the case have already been granted bail.

    While granting the bail plea filed by Mohammad, the chief justice ordered the registrar of the Supreme Judicial Council to conduct an inquiry into the delay in deciding the bail application.
     
  3. Fawadqasim1

    Fawadqasim1 SENIOR MEMBER

    Messages:
    2,663
    Joined:
    Jan 24, 2017
    Ratings:
    +0 / 1,879 / -0
    Country:
    Pakistan
    Location:
    Pakistan
    At last.
     
  4. Defense Reader

    Defense Reader FULL MEMBER

    New Recruit

    Messages:
    89
    Joined:
    Jul 22, 2015
    Ratings:
    +0 / 91 / -0
    Country:
    Pakistan
    Location:
    Pakistan
    Politics every where in almost every institution. And it seemed govt feeling insecure so that these type of action taken. By current scenario who will be next after judges.??

    Sir g kia yeh across the bord hony wala hai ya just jin se koi khatra hai un ko target kia ja raha hai
     
    • Thanks Thanks x 1
  5. Fawadqasim1

    Fawadqasim1 SENIOR MEMBER

    Messages:
    2,663
    Joined:
    Jan 24, 2017
    Ratings:
    +0 / 1,879 / -0
    Country:
    Pakistan
    Location:
    Pakistan
    I hope across the board hee hoo
     
  6. Defense Reader

    Defense Reader FULL MEMBER

    New Recruit

    Messages:
    89
    Joined:
    Jul 22, 2015
    Ratings:
    +0 / 91 / -0
    Country:
    Pakistan
    Location:
    Pakistan
    @ghazi52 yeh thread recently post pe show q ni ho raha?
     
  7. Sheikh Rauf

    Sheikh Rauf SENIOR MEMBER

    Messages:
    4,400
    Joined:
    Aug 24, 2014
    Ratings:
    +0 / 3,116 / -9
    Country:
    Pakistan
    Location:
    Qatar
    They clean IK before he become pm now its judges turn to come up that they are honest how come they go against people who have properties in foreign land or passport when they are holding or in same boat.
    i think we need honest people and certainly those who lie sud be punished.
     
    • Thanks Thanks x 2
  8. Zibago

    Zibago ELITE MEMBER

    Messages:
    33,117
    Joined:
    Feb 21, 2012
    Ratings:
    +11 / 51,706 / -3
    Country:
    Pakistan
    Location:
    Pakistan
    Haan jani kiya kaha tha :D
    Molvi key baad bari surkey ki hy
    @PakSword @BHarwana @Farah Sohail
     
    • Thanks Thanks x 1
  9. ghazi52

    ghazi52 ELITE MEMBER

    Messages:
    35,210
    Joined:
    Mar 21, 2007
    Ratings:
    +28 / 46,027 / -0
    Country:
    Pakistan
    Location:
    United States
    May 30, 2019

    [​IMG]

    Justice Qazi Faez Isa, a sitting Supreme Court judge in line to become chief justice, wrote to President Arif Alvi seeking confirmation of whether a reference had been filed against him. ─ Photo courtesy supremecourt.gov.pk



    ISLAMABAD: Against the backdrop of reports regarding institution of references against superior court judges, a sitting judge of the Supreme Court on Wednesday approached President Dr Arif Alvi, complaining that selective leaks to the media amount to his character assassination, thus jeopardising right to due process and fair trial.

    An informed source told Dawn that in his letter to the president, Justice Qazi Faez Isa also said he would be obliged if the former could let him know if it was correct that a reference had been filed against him under Article 209 of the Constitution in the Supreme Judicial Council (SJC).

    “I am confident that you (president) will agree that if a reference has been filed and I have been called upon to submit my reply thereto, only then, subject to the permission of the Supreme Judicial Council, the government may disclose the reference and my response thereto,” the SC judge stated in the letter.

    Legal observers believe that the current campaign against Justice Isa was launched after he authored a strongly worded judgement on Feb 6 in a case relating to the Nov 2017 Faizabad sit-in by the Tehreek-i-Labbaik Pakistan, directing the defence ministry and chiefs of the army, navy and air force to penalise the personnel under their command found to have violated their oath.

    Justice Qazi Isa, who is in line to become the chief justice of Pakistan, has also requested the president to provide him a copy of the reference if filed against him. “Selective leaks amount to character assassination, jeopardise my right to due process and fair trial and undermine the institution of the judiciary,” he stated.

    Justice Qazi Isa says selective leaks to media amount to his character assassination; AAG Zahid Ebrahim resigns in the wake of reference

    Copies of the letter have also been dispatched to Prime Minister Imran Khan as well as the Supreme Court registrar who also acts as SJC secretary.

    Media reports suggest that a number of references have been filed in the SJC under Article 209 of the Constitution against a Supreme Court judge and a judge of the Sindh High Court and another of the Lahore High Court on the pretext of undeclared foreign assets, as well as a retired superior court judge.

    The other highlight of the day was the resignation of Additional Attorney General Zahid F. Ebrahim, a son of the former chief election commissioner Fakhruddin G. Ebrahim. He left the coveted office by stating that in his opinion the attempt (to file reference) was not about accountability of judges but a reckless attempt to tarnish the reputation of independent individuals and browbeat the judiciary.

    “Unless resisted, it will cause irreparable damage to the institution which is the protector of our fundamental rights and the bedrock of our fledgling democracy,” Zahid Ebrahim said in a separate letter to the president while tendering his resignation at the same time.

    “I cannot in good conscience continue in office and therefore hereby tender my resignation as the Additional Attorney General (AAG) with immediate effect,” he said in the one-page resignation letter.

    The letter, copies of which have also been sent to the secretaries of the Ministry of Law and the Attorney General Office, also stated that one of the purported references was against a senior judge of the Supreme Court, who was widely recognised for his unimpeachable integrity and against whom the government had already revealed its mind in the much-publicised review petitions filed last month.

    Zahid Ebrahim wrote that he was appointed AAG in November last year and it had been an honour to serve as the senior most law officer of the federation of Pakistan in the province of Sindh and lead a team of able and competent deputy and assistant attorney generals.

    Talking to Dawn, Syed Amjad Shah, vice chairman of the Pakistan Bar Council (PBC) — a supervisory body that regulates the affairs of the legal fraternity — said that in his view such a move should be resisted, but hastened to add that the council would develop a proper strategy after the content of the reference was made known.

    He said the government had every right to file references against incompetent judges who had committed flagrant violations of their oath of office and code of conduct for the judges as there were many, but Justice Isa was being discriminated against. “By targeting Justice Isa, the government will weaken its case against other judges against whom references should have been filed,” he said.

    The PBC vice chairman recalled how through a recent resolution, a representative body of lawyers in Sindh had expressed disagreement over the federal government’s review petition against the sit-in verdict.

    He also recalled how the PBC had on April 22 rejected a demand by the Punjab Bar Council (PbBC) for immediate removal of Justice Isa, and described the resolution as uncalled for and unnecessary that transgressed the independence of judiciary. The PBC had described Justice Isa as an upright and competent judge of the apex court who always discharged judicial functions without any fear and favour.

    PBC’s senior member Raheel Kamran Sheikh said the partial release of recent information about filing of references had raised many eyebrows and given rise to unwarranted surmises and conjectures about the affairs of some judges serving in the superior judiciary.

    “This is not only detrimental to their reputation but also carries with it the potential to adversely affect their performance, besides engendering insecurity in the judicial organ,” he said, adding that Justice Isa’s demand from the president was absolutely justified.

    He said the bar was legitimately concerned and would resist any conceivable attack on the independence of the judiciary from any quarter.
     
  10. ghazi52

    ghazi52 ELITE MEMBER

    Messages:
    35,210
    Joined:
    Mar 21, 2007
    Ratings:
    +28 / 46,027 / -0
    Country:
    Pakistan
    Location:
    United States
    Supreme Judicial Council issues notice to Justice Qazi Faez Isa over reference
    May 30, 2019

    The Supreme Judicial Council (SJC) on Thursday issued notices to Supreme Court's Justice Qazi Faez Isa and Justice Karim Khan Agha of the Sindh High Court over references filed against them.

    The SJC — the only constitutional forum that can examine the conduct of superior court judges and recommend their removal — will hold a hearing of the two references on June 14.

    According to media reports, the references accuse the two judges of concealing their assets and recommend action against them under Article 209 of the Constitution.

    On Wednesday, against the backdrop of reports regarding institution of references against superior court judges, Justice Isa had approached President Dr Arif Alvi, complaining that selective leaks to the media amount to his character assassination, thus jeopardising his right to due process and fair trial.

    An informed source had told Dawn that in his letter to the president, the SC judge had also said he would be obliged if the former could let him know if it was correct that a reference had been filed against him.

    “I am confident that you (president) will agree that if a reference has been filed and I have been called upon to submit my reply thereto, only then, subject to the permission of the Supreme Judicial Council, the government may disclose the reference and my response thereto,” Justice Isa stated in the letter.

    Legal observers believe that the current campaign against Justice Isa was launched after he authored a strongly worded judgement on February 6 in a case relating to the November 2017 Faizabad sit-in by the Tehreek-i-Labbaik Pakistan (TLP), directing the defence ministry and chiefs of the army, navy and air force to penalise the personnel under their command found to have violated their oath.

    Justice Isa, who is in line to become the chief justice of Pakistan, also requested the president to provide him a copy of the reference if one was filed against him. “Selective leaks amount to character assassination, jeopardise my right to due process and fair trial and undermine the institution of the judiciary,” he stated.
     
  11. ghazi52

    ghazi52 ELITE MEMBER

    Messages:
    35,210
    Joined:
    Mar 21, 2007
    Ratings:
    +28 / 46,027 / -0
    Country:
    Pakistan
    Location:
    United States
     
  12. alibaz

    alibaz SENIOR MEMBER

    Messages:
    3,790
    Joined:
    Nov 26, 2007
    Ratings:
    +0 / 2,505 / -0
    Country:
    Pakistan
    Location:
    Pakistan
    This is the worst statement "Sir g kia yeh across the bord hony wala hai ya just jin se koi khatra hai un ko target kia ja raha hai" . Till the time its on merit it is fine irrespective of Jin se koi khatra hai ya nahi. After three or four years someone else will come who will take on those Jin se aaj Khatra nahi hai.

    ISLAMABAD: In another letter to President Arif Alvi, Supreme Court’s Justice Qazi Faez Isa has claimed that his children and spouse, who own three properties in the United Kingdom, are not his dependents.

    The SC judge has also requested the president to provide a copy of the reference against him.

    Regarding the allegation about violating Section 116 (1) (b) of the Income Tax Ordinance 2001, Justice Isa said he had not received any notice from the tax authority.



    “Secondly, my children are not minors nor have they been so for quite a while. Thirdly, neither my spouse nor my children are my dependents. Fourthly, Section 116 (1) (b) of the Income Tax Ordinance 2001 is not penal provision,” stated the letter written by Justice Isa.

    The judge told the president that he had been maliciously maligned by half-truth by the members of the government, which was completely distressing for his family and himself.

    The government sleuths surely knew that after completing their education, both my children legally worked in London. The details of properties disseminated by the members of the government were those in which they lived with their spouses.

    “The properties are owned by those in whose names they stand. No attempt was made to conceal their ownership, neither were they held under a trust nor a special purpose or offshore company,” stated the five-page letter.

    https://tribune.com.pk/story/1986467/1-children-spouse-not-dependents-justice-isa/

    Why is he making it public and the type of defence he is presenting indicates something fishy. He should defend himself in SJC. If AZ and his son, MNS and his family can appear before the court why this Justice can't defend himself. To me being blue eyed of Iftikhar Choudhary is enough to be suspected.
     
  13. khail007

    khail007 FULL MEMBER

    Messages:
    1,957
    Joined:
    Mar 25, 2008
    Ratings:
    +1 / 1,540 / -0
    Country:
    Pakistan
    Location:
    United Arab Emirates
    One is suspected of accumulated wealth and stuffed abroad or even in Pakistan beyond his known source of income which one usually declared in his income tax papers or any other related one.
    If he is asked to declare how the wealth was earned ... he started to make hue and cry that he is targeted or victimised.
    Such irrelevant behaviour/attitude should be stopped. Just submit the true documents (not like Qatari khat) and fulfil your duty else the wealth will be considered illegal and by corrupt practices.
    People should know that previously to those official forms documents to whom they did not respect and fill with false information now could be a potential testimonials against their corruption. The state of Pakistan is waking-up which was put on sleep previously by bunch of haram-khors and corrupts and in self correction mode :smitten::pakistan:.
     
  14. Yaseen1

    Yaseen1 SENIOR MEMBER

    Messages:
    5,153
    Joined:
    Apr 1, 2014
    Ratings:
    +1 / 4,034 / -6
    Country:
    Pakistan
    Location:
    Pakistan
    i think this inquiry is basically against judges which are anti establishment and it seems repetition of musharaf 2007 measures .If corruption is reason of inquiry then almost all judges of sc and high courts will become disqualified to remain judge
     
  15. Defense Reader

    Defense Reader FULL MEMBER

    New Recruit

    Messages:
    89
    Joined:
    Jul 22, 2015
    Ratings:
    +0 / 91 / -0
    Country:
    Pakistan
    Location:
    Pakistan
    Sir that was not statement it was question to seniors & i don't know why just you conclude my question as a statement and 2ndly sir in your breif reply to my post seems more confused to me.