Lawyers should trust judiciary

The legal fraternity has termed the reference against Justice Qazi Faez Isa a mala fide attempt to oust an independent and upright judge, and demanded its withdrawal. After the Supreme Court Bar Association (SCBA), provincial bar councils have announced a strike on June 14 over references filed by the government against Supreme Court judge Qazi Faez Isa and two high court judges. The alleged charges relate to Justice Qazi Faez Isa’s offshore accounts and undeclared wealth, and case is to be decided by the Supreme Judicial Council. According to reports, the three judges own properties abroad but did not mention them in their wealth statements. The SJC is the only constitutional authority mandated by Article 209 of the Constitution of Pakistan to conduct inquiries into allegations of incapacity or misconduct against a judge of the Supreme Court or of a high court.
In his second letter to President Arif Alvi, Justice Faez Isa complained of character assassination even before the reference was filed, as there was a leak. One would not know as to who leaked the information, but the President is obliged to send reference on the request of the Prime Minister of Pakistan. Instead of bickering and debating, the honorable justice should appear before the SJP and give his arguments in that forum instead of writing a letter to the President and then release it to the press. If the government is accused of the leak, then Justice Faez Isa is also accused of releasing his letter comprising more than 2000 words to the media. Vice Chairman Pakistan Bar Council Amjad Shah noted that no verdict was announced in all pending references, expressing astonishment as to why the government was bent upon such a weak reference.
He said that their decision for strike is to upheld independence of judiciary and rule of law. But the question is what Bars had done when in April a lawyer had attacked a civil judge over minor tiff during the hearing of a case in Jaranwala, Faisalabad. According to details, the local lawyer attacked Senior Civil Judge Khalid Mehmood with a chair and busted his head wide open. The judge was rushed to the Tehsil Headquarters Hospital (THQ) for medical treatment. Several cases of the lawyers misbehaving with the judges and people belonging to the various walks of the society have been reported. Is this the way to establish the rule of law and respect for the judiciary? Anyhow, the question is whether Bars will decide whether reference is maintainable or not. Giving a call for strike and burning the copies of the reference, is reflective of distrust in the judiciary.
After all, in the SJC his brother judges would listen to his submissions and give verdict on the case, and he should have full faith in them. Justice Qazi Faez Isa had in his letter had written: “Mr. President, was it checked whether the Hon’ble Prime Minister did disclose his wives and children’s properties in his tax returns to confirm that his advice to you accorded with his own understanding and practice? Mr. President, will you ask the Hon’ble Prime Minister to kindly provide me copies of all his returns disclosing the properties of his wives and children held by them abroad”. But this has no relevance to his case; and he has to answer the allegations leveled against him. There is no doubt that his illustrious father Qazi Muhammad Isa had played commendable role in Pakistan movement; and he himself has the reputation of an independent and honest judge.
However, when all the liberal democrats, analysts, politicians and commentriat demand across the board accountability, and that there should be no holy cow, then let the SJC decide whether the reference is maintainable or not. It has to be mentioned that legal fraternity and some political parties had taken part in the movement for restoration of judiciary, and former chief Justice Iftikhar Chaudhry was reinstated. But after seeing the way he conducted himself, even his comrades and colleagues rue as to why they had waged the struggle for his and other judges’ restoration. It should be borne in mind that today the elected government is in place, and judiciary is independent; therefore, no one should pass judgment on the merit of the case and leave it to the Supreme Judiciary Council to give its verdict. A great name in French literature, Balzac had said: “To distrust the judiciary marks the beginning of the end of society”. He also said: “Laws are spider webs through which the big flies pass and the little ones get caught”.