Cases against himself, wife and SIC: IK urges SC panel to exclude CJP from the bench

ISLAMABAD: The founder of Pakistan Tehreek-e-Insaf (PTI) Imran Khan prayed to the committee, set up under Supreme Court (Practice and Procedure) Act, 2023, not to include Chief Justice of Pakistan Qazi Faez Isa in the bench which hear cases of him, wife and the PTI or Sunni Ittehad Council.

The committee comprises CJP Qazi Faez Isa, Justice Syed Mansoor Ali Shah and Justice Munib Akhtar.

He submitted that he expected that on assumption of the office of the Chief Justice of Pakistan, the past would fade away. However, it is increasingly clear that this has not happened.

“The conduct and demeanor of Justice Faez while hearing matters in which he (Imran), PTI and its members or the SIC has interest and this led him to believe that CJP Faez’s presence in benches hearing the matters of him, wife, family, PTI and the SIC members, will be an inimical to the confidence of a large part of people of Pakistan in the impartiality of the judicial process.”

Imran further wrote that he does not believe that he, his spouse and family, the PTI and its members and the SIC members will be fairly dealt with in accordance with the law and the constitution in any matter presently pending before the Court or any matter that may come up in the future in which Justice Faez is also a member.

The PTI founder stated that when he was serving as the prime minister certain facts regarding the acquisition of foreign properties by the family of Justice Faez were brought to his attention by the Asset Recovery Unit (ARU). The applicant was advised that the properties in question had not been disclosed in accordance with the applicable law and the matter required probe by the Supreme Judicial Council (SJC).

Imran stated that based on advice of legal luminaries he advised the President (Dr Arif Alvi) to file a reference before the SJC in order to enable a just and fair determination of the matter.

The discharge of constitutional function was taken to be a personal assault by the wife of the CJP Faez.

He mentioned “Mrs Isa expressed views about him and made demands, that expressed a high degree of personal spite and venom.” “Needless to say these views were based on little more than anger and the expression of these views was an unfortunate event. There is no reason to believe that Justice Faez disagreed with the views expressed by his wife. No such disagreement was ever expressed.”

Imran also stated that SC five-member bench had through judgment [PLD 2021 SC446] held that Justice Faez should not hear matter pertaining to the then government headed by him.

Copyright Business Recorder, 2024