ISLAMABAD: Justice Qazi Faez Isa wants decision on his petition against the Presidential reference on merit, and opposed the proposal to send the matter to the Federal Board of Revenue (FBR) regarding not disclosing the sources for purchasing London properties, in the tax returns.
"Despite her [wife]'s statement before the Supreme Court, I will still press my petition," said Justice Qazi Faez, while personally appearing before a 10-judge larger bench, which heard identical petitions challenging the reference.
"I am the messenger of my wife, she wanted to disclose about properties not to anybody, but to the court only. She likes to address the court through a video link because her father is suffering from brain cancer, and she is with him therefore can't come."
"She wants to tell about her properties," said Justice Isa.
At the end of the proceedings, Justice Umar Ata Bandial, heading the bench, said: "We would consider her request to address the court via a video-link and will pass an order tomorrow (Thursday)."
"In case, we decide she is allowed to make oral statement then will hear her day after tomorrow (Friday)."
Earlier, Justice Isa stated that the then attorney general for Pakistan Anwar Mansoor Khan stated that one of the judges had assisted him to draft the petition.
"I demand and beech that the contempt proceeding should be initiated against him," the petitioner said.
He asked why the authorities never asked his wife about the sources of her properties.
They gave no notice to her and draw conclusion.
The Supreme Judicial Council (SJC) did not ask her, about the sources when she was in Islamabad, he added.
"It is not my respect as an individual, but the respect of the institution," he added.
He said his wife did not want to appear before tax authorities due to past experiences, adding that when she went to the FBR without using official guard and car, the tax authorities ridiculed her.
Justice Umar Ata Bandial said it was a big development as the wife of the petitioner likes to tell the court about the source of her properties.
Farogh Naseem welcomed her decision to disclose the source regarding the purchase of properties.
He said, "I have no personal animosity with the judge and never had any intention to criticise them."
Justice Bandial said: if the court finds the explanation of the wife reasonable only then will they decide the future course.
The bench retired for five minutes to consider Justice Isa's request.
When the bench re-assembled, Justice Bandial said they had considered the statement of Justice Isa made on behalf of his wife.
"This could be crucial evidence and material for resolution of the controversy, if it is substantially relevant."
Justice Bandial asked the petitioner (Justice Isa) to file an application of his wife, stating her position and the documents she wants to rely upon.
Justice Isa said she wants to address the court. "She is not a lawyer and she will not be assisted by the counsel, and even me during the address, he said.
He said, if she provides the bank papers or bank account then someone from any fake account would deposit millions of dollars in her account, adding that the court then will question from where millions of dollars have come into her account".
Justice Isa said his wife is clear in her mind that she wants to address the court.
As this matter is in public domain therefore justice not only be done but it must appear to be done.
Justice Isa said she has suffered painfully as she has been maligned. "She cannot talk on TV as the president, the prime minister and the law minister, appear and address press conference on TV channels," he added.
He said yesterday (Tuesday) Shahzad Akbar was addressing a press conference while Farogh Naseem was sitting beside him.
He said, "I don't want be to hypocrite."
At the end of the hearing, Justice Bandial through a video-link inquired from Justice Isa's counsel Munir A Malik, who was in Karachi Registry, about his stance on referring the matter to the Federal Board of Revenue (FBR).
Munir Malik said he did not take this case because of Justice Isa, but the paramount importance for him is the prestige of the institution.
He said that his instructions are that the issues raised in the petition go beyond whether Isa remains as a judge or not, the judgment be made on merit.
"I don't want the judge live with sullied or damaged reputation," he said and added that "a smear campaign was launched for the last 13 months. We want judgment on merit to wipe out stigma attached to him."
Malik said he had argued only on one phase of the case, and would be coming to Islamabad tomorrow (Thursday).
Directing Farogh Naseem to conclude his arguments by tomorrow (Thursday), the bench adjourned the case.
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