Reference against Justice Isa: No individual including judges exempted from accountability: SC

29 Jan, 2020

The top court of the country Tuesday categorically said that no individual including the judges are exempted from accountability. The remarks came from Justice Mansoor Ali Shah, a member of the larger bench of apex court, while hearing a plea against the presidential reference filed against Justice Qazi Faez Isa.

Giving arguments, the counsel for Justice Isa, Rashid A Rizvi said that the freedom of judiciary is linked to tenure of the judge, and if there is no protection to the job tenure, the judge will not be able to honor the oath of his office.

He contended that respective governments and intelligence agencies had a track record of disliking the freedom of judiciary, adding removal of a judge is most difficult job across the globe except Pakistan.

On this, Justice Atta Bandial said if he meant to criticize the Constitution, which clearly defines process for removal of a judge. He directed the counsel to confine his arguments to the case instead of criticizing the system, saying the SJC is working on the laws defined in the Constitution in the instant case.

"The judge lives in a glass house and he should also be made accountable," said Justice Bandial. Rizvi said that the judges should have protection in light of Article 209, which prompted Justice Bandial to say: "We will have to draw a redline somewhere...the cell phone is biggest spy as technology has changed everything."

Rizvi said that the summary of the inquiry is based on 'spying', adding Justice KK Agha had given a verdict on May 12, 2007 incident in Karachi and he was also targeted through a reference.

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