Punjab Bar Council demands removal of SC judge Qazi Isa for dharna verdict

The executive committee of Punjab Bar Council (PbBC) carried on Saturday a resolution demanding the removal of Justice Qazi Faez Isa for, what it believed, ridiculing armed forces, instead of appreciating them, in a recent judgment about the Faizabad dharna.
“Justice Qazi Faez Isa has recently rendered a judgment in the Faizabad dharna case in February 2019, in which the towering principles of law stand completely mutilated,” reads the resolution adopted by the six-member executive committee of the provincial bar council.
Committee Chairman Iftikhar Ibrahim Qureshi chaired the meeting with the attendance of its members Jamil Asghar Bhatti, Munir Hussain Bhatti, Chaudhry Akram Khaksar, Syed Ali Riaz Karmani and Chaudhry Rafique Siyan.
The committee’s chairman and majority of its members belonged to the Independent group, famously known as late Asma Jahangir group, at present led by Pakistan Bar Council member Ahsan Bhoon.
Asghar Bhatti and Munir Bhatti previously belonged to Hamid Khan-led Professional group, however, they switched their loyalties in last election of PbBC vice chairman and chairman executive committee. The 75-member general house of the council elects the two posts every year on Jan 31 while the tenure of the house is five year.
Commenting on the resolution, PbBC member Rana Intizar Hussain of the Professional group told Dawn the executive committee did not represent the whole house of the council neither it had the mandate to pass such resolutions. He said the mandate of the executive committee was administrative and adjudicating in nature.
He said the Saturday’s meeting of the executive committee was convened to discuss administrative affairs of the council and the resolution was not an agenda item.
The resolution said the federal government was justified in filing an application for review against the Faizabad case judgment in which Justice Isa without any evidence, factual basis or determination ridiculed the armed forces and casted serious aspersions on the intelligence agencies strengthening the narrative of India.
“Therefore, we demand that appropriate proceedings against Justice Isa may be initiated under Article 209 (5) of the Constitution for his removal as judge of the Supreme Court,” it added.
The resolution also stated that Justice Shaukat Siddiqui of the Islamabad High Court had rightly been removed by the Supreme Judicial Council as he had also transgressed the limits prescribed under the law, the Constitution and the code of conduct meant for the superior judiciary.
Senior members of the Independent Lawyers Group – also known as the late Asma Jahangir group – have disowned the Punjab Bar Council’s (PbBC) resolution against Supreme Court judge Justice Qazi Faez Isa.
The council’s executive committee adopted a resolution on Saturday demanding the removal of Justice Isa for his judgement in the Faizabad sit-in case.
It demanded proceedings against Justice Isa under Article 209 (5) of the Constitution for his removal as a Supreme Court judge.
It also described the removal of Justice Shaukat Siddiqui of the Islamabad High Court by the Supreme Judicial Council as a “correct measure”.
Yasin Azad, a senior member of the group, said he fully supported Justice Isa’s verdict.
“I wonder why the council adopted such a resolution. We will resist any move against Justice Isa,” he added
Kamran Murtaza, another member of the group, shared similar views. He said any move against Justice Isa would be opposed.
The Pakistan Bar Council executive committee comprising members of the Independent Group would hold a meeting today (Monday) to discuss the issue.
It is expected that the committee will disown the Punjab Bar Council resolution.
The Professional Group, also known as the Hamid Khan Group, has also condemned the resolution.
Similarly, lawyers in other provinces have expressed solidarity with Justice Isa.
The Pakistan Tehreek-e-Insaf (PTI) had recently moved a review petition in the Supreme Court against the February 6 ruling in the 2017 Faizabad sit-in case.
The PTI, in its plea, omitted objections against Justice Qazi Faez Isa and argued that the party was not given a fair chance to present their case.
The plea stated that observations were given against the PTI but the party was not given a chance to justify its stance. The PTI pleaded to expunge the observations against the party from the court’s decision.
Earlier, the Inter-Services Intelligence (ISI) challenged the apex court verdict in the Faizabad sit-in case, saying that it will adversely affect the morale of the armed forces.
The verdict, authored by Justice Isa, had directed the intelligence agencies, including the ISI, the Intelligence Bureau (IB), Military Intelligence (MI), and the Inter-Services Public Relations (ISPR) to not exceed their constitutional mandates.
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