AGP asked to place material behind 'unwarranted' statement

Attorney General for Pakistan (AGP) was directed to place material on the basis of which he made an "unwarranted" statement against the members of the bench at the hearing of Justice Qazi Faez Isa's petition against the presidential reference.

AGP Capt Anwar Mansoor Khan (retired) last Tuesday, while pleading the case cast "aspersions" on the bench, saying; "some bench members were privy in drafting the petition [Justice Faez's petition]." His statement infuriated judges; therefore they asked him to disclose the names. The AGP declined to disclose the names, but a few minutes later he withdrew his statement.

During the course of proceedings, Justice Umar Ata Bandial, who heads a 10-member bench, asked the AGP: "You produce the material [about] what you have said yesterday [Tuesday]. You compile and file it. This is the order of the court."

At the end of the hearing, the bench passed a short order, which said; "Certain statement was made by the attorney general about the bench yesterday [last Tuesday]. It would be appreciative that the material on the basis of that he has made the statement be placed before the bench. In case no material is placed before this bench, then we expect a written apology from the attorney general for having touched the matter. This is concern not only for one but for every member of the bench. The requisite be made available to the bench on Monday."

The larger bench on Wednesday heard identical petitions challenging the presidential reference against Justice Qazi Faez Isa for allegedly not disclosing his foreign properties in his wealth statements.

Besides the apex court judge, the Pakistan Bar Council, the Supreme Court Bar Association, Bar Councils and Associations of Punjab, Sindh and Balochistan, Abid Hassan Minto, and IA Rehman have also challenged the presidential reference against Justice Qazi Faez Isa. The order further said that the AGP had made submission on the definition of misconduct and what should be the conduct of a judge laid down in different judgments?

"We have asked him what is the factual basis for invoking this definition and discussion? "The attorney general is granted time to collect the facts that addresses the definition, which he likes to read before us. It would be appreciated that most of the arguments he has addressed are submitted in written."

The AGP contended that the petitioner (Justice Qazi) has not declared the foreign assets of his wife and children in his wealth statement. He asked from where did the money came and how it went out of the country to purchase the properties in the UK?

Justice Bandial said: "you have the law and it is given in the law what to do in case someone has not declared the assets. We are waiting as you [are] reading everything but [are] not replying to the court queries. You must better check this in the law. It appears that you have not come across the law regarding declaration of assets. This shows lack of preparation. You are reading things, which do not apply to the case of the judge."

Earlier, the attorney general cited judgments from Indian, Canadian, and Pakistani courts on the definition of misconduct of judges. Justice Mansoor told him that it has been the practice that the counsel first apprises the court about facts of the case and then reads the literature on conduct.

He said: "We will appreciate, if you do that as we don't know what the facts are?" "This is my way of pleading that first discuss the principles and then will come on the facts. One of the ways of independent judiciary, is judicial accountability, Anwar Mansoor said and added that since the Supreme Judicial Council (SJC) had taken cognizance of the reference and a preliminary inquiry was held.