Justice Qazi Faez Isa can’t hear cases about PM: Supreme Court

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February 12, 2021

The CJP issued the written order in a case related to the release of funds to the lawmakers on the directions of PM Imran Khan

The image shows the building of the Supreme Court of Pakistan.


ISLAMABAD: Justice Qazi Faez Isa has been asked by Chief Justice Gulzar Ahmed not to hear cases involving the Prime Minister of Pakistan as he has filed a petition against the premier in his personal capacity.

The development came on Thursday in a case pertaining to the release of Rs500 million development fund to each lawmaker directed by the prime minister ahead of the Senate polls.

A five-member bench headed by the Chief Justice of Pakistan Gulzar Ahmed and comprising Justice Mushir Alam, Justice Umar Ata Bandial, Justice Qazi Faez Isa and Justice Ijazul Ahsen heard the matter.

“In these circumstances, it would not be proper for the judge to hear the matter considering that he had already filed a petition against the Prime Minister of Pakistan, in his personal capacity,” says the written order issued by Chief Justice Gulzar Ahmed.

Read more:Is it PM Imran Khan's job to distribute envelopes of money, asks Justice Isa

The chief justice further noted down that in order to uphold the principle of un-biasness and impartiality, it would be in the interest of justice that the Judge (Justice Isa) should not hear matters involving the prime minister of Pakistan.

The court noted that (Qazi Faez Isa, J.) sought to place on record photocopies of certain documents reportedly received by him from some anonymous source through a WhatsApp message.

The copies of ‘those’ documents were handed over by the judge to other members of the bench. A copy was also handed over to the learned Attorney General for Pakistan. The judge (Qazi Faez Isa, J) also stated that he was unsure if the documents were genuine.

'We are not controlling PM Office'

Earlier, the Supreme Court disposed of the case, declaring PM Imran Khan's response satisfactory in the release of development fund.

During the hearing, Justice Qazi Faez Isa had inquired if it was Prime Minister Imran Khan's job to distribute envelopes of money to members of the National Assembly.

Read more:Pakistan being destroyed in a systematic manner, says Justice Qazi Faez Isa

Justice Isa revealed he had received documents via WhatsApp indicating that heavy funds had been provided to a lawmaker from the ruling PTI's coalition party from the NA-65 constituency.

"Can funds be given to certain constituencies? Is it in accordance with the law to give funds for the road," he inquired.

The Attorney-General of Pakistan (AGP) Khalid Jawed Khan responded to the apex court judge, saying the WhatsApp documents "are your complaint and would be reviewed".

"I am not the complainant, I am just pointing [it] out; perhaps, you did not listen to me," the judge replied.

In response, the AGP said: "You have been sharing your observations for a long time. It is I who has not been heard. You received a message on your WhatsApp, so you are a complainant," he said.

Justice Isa responded by saying: "We are not the enemy. We are the protectors of the people's money and the Constitution. We want the implementation of the Constitution and for the corrupt practices to end.

"An army of tweets yesterday was against me and I didn't want to mention it. It is the duty of the Election Commission of Pakistan [ECP] to stop corrupt practices.

"I do not believe Article 248 protects the prime minister on politics. Is it the prime minister's job to distribute envelopes [of money]? The prime minister has said the five-year period is short. Those who believe in the Constitution have reservations," the top court's judge remarked.

Justice Ahmed, on the other hand, clarified the apex court's judges were not controlling the Prime Minister's Office.

PM Imran Khan had submitted a statement earlier that news in the media on the matter was incorrect, the AGP said, with the court noting that Punjab and Sindh had submitted their replies.

A report from the finance secretary and signed by the premier was also submitted during the hearing. In the report, PM Imran Khan has denied reports of giving development funds to the members of the Assembly.

Justice Umar Ata Bandial then asked if PM Imran Khan was personally accountable. "The prime minister has constitutional protection and is accountable when the matter is related to him.

"If the government is accountable, then the prime minister cannot be held accountable. The Attorney General of Pakistan should not allow any illegal orders to be issued," Justice Bandial added, to which the AGP objected.

The judge responded by saying that an "answer to the court order was sought from the premier's secretary. The government is run through [the help of] secretaries," he remarked.

Justice Isa asked the AGP why he had not raised today's objections a day earlier, to which the latter said constitutional questions could be raised at any level.

"No development funds can be given to any member of the Assembly," he added.



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