Pakistan Tehreek-e-Insaf (PTI) led federal government has submitted its 154-page written argument in Justice Qazi Fez Isa presidential reference case in Supreme Court (SC), saying “no sky will fall” due to Justice Isa's verdict in Faizabad sit-in case and the reference had nothing to do with his judgement.
The Express Tribune reported that following the SC’s decision to quash the presidential reference seeking Justice Qazi Faez Isa's removal, the government's counsel Dr Farogh Naseem submitted a written argument in SC, wherein the government rejected Justice Isa's contention that since he had authored the Faizabad case judgment, the ruling party had filed the reference to seek his ouster.
"Again, apart from being absolutely incorrect, the allegations are nothing but presumptive in nature. In this count no mala fides can be inferred.” It noted that the Faizabad sit-in judgment reported as suo motu case No 7 of 2017 PLD 2019 SC 318, was decided by two judges – Mushir Alam and Qazi Faez Isa, Justice Alam being the senior of the two.
The written argument noted: “It is correct that it is the petitioner who is the author judge, but that really makes no difference because the said judgment was co-signed by the Mushir Alam. Therefore, the Faizabad dharna [sit-in] judgment has to be construed to be firstly a judgment of the Supreme Court, and secondly a judgment co-authored by Mushir Alam J.”
The government further maintained that both the judges – Farrukh Irfan J and KK Agha J – had nothing to do with the Faizabad dharna case. “This clearly goes to show that the Dharna judgment was not the reason why any presidential reference was brought against the petitioner."
The government's counsel Dr Farogh Naseem also rejected Justice Isa’s claim that the government had spied on the judge to find out his family members' assets in the United Kingdom.
In the Faizabad sit-in judgment that was unveiled in February 2019, Justice Isa had mentioned intelligence agencies' alleged role in using political forces against elected governments and also referred to PTI's 2014 marathon sit-in against the PML-N government.
The Express Tribune reported that following the SC’s decision to quash the presidential reference seeking Justice Qazi Faez Isa's removal, the government's counsel Dr Farogh Naseem submitted a written argument in SC, wherein the government rejected Justice Isa's contention that since he had authored the Faizabad case judgment, the ruling party had filed the reference to seek his ouster.
"Again, apart from being absolutely incorrect, the allegations are nothing but presumptive in nature. In this count no mala fides can be inferred.” It noted that the Faizabad sit-in judgment reported as suo motu case No 7 of 2017 PLD 2019 SC 318, was decided by two judges – Mushir Alam and Qazi Faez Isa, Justice Alam being the senior of the two.
The written argument noted: “It is correct that it is the petitioner who is the author judge, but that really makes no difference because the said judgment was co-signed by the Mushir Alam. Therefore, the Faizabad dharna [sit-in] judgment has to be construed to be firstly a judgment of the Supreme Court, and secondly a judgment co-authored by Mushir Alam J.”
The government further maintained that both the judges – Farrukh Irfan J and KK Agha J – had nothing to do with the Faizabad dharna case. “This clearly goes to show that the Dharna judgment was not the reason why any presidential reference was brought against the petitioner."
The government's counsel Dr Farogh Naseem also rejected Justice Isa’s claim that the government had spied on the judge to find out his family members' assets in the United Kingdom.
In the Faizabad sit-in judgment that was unveiled in February 2019, Justice Isa had mentioned intelligence agencies' alleged role in using political forces against elected governments and also referred to PTI's 2014 marathon sit-in against the PML-N government.