SC questions legality of evidence collected in Qazi Faez Isa case
| Observes allegations levelled without any evidence
The Supreme Court Tuesday sought reply from the government counsel, Farogh Naseem, as it asked four questions in the Justice Faez Isa case, reported 24NewsHD TV channel.
The court told Farogh Naseem that there was an allegation that the material related to the reference had been collected illegally.
The 10-member bench headed by Justice Umar Atta Bandial informed him that he would have to give arguments on the allegation and also explain why the complaint was sent to the Assets Recovery Unit, not the president or the Supreme Judicial Council.
During the hearing, it appeared that the questions posed by the court had made Farogh Naseem nervous.
In his arguments, Farogh Naseem said the three properties in London were registered in the name of Justice Faez’s children and wife – a fact that had been accepted by the applicant.
He was of the opinion that the matter before the court was of misconduct of judge under Article 209 and added that the actual question was what sources were used to buy the properties and what was the money trail.
According to Farogh Naseem, the Judicial Council takes action when a reference is filed. If a common citizen files a complaint the council can conduct an inquiry. If the reference is filed by the president then the council takes action. There is no need of conducting an inquiry in a reference filed by the president. The council takes action on the basis of information provided by the president.
Justice Muneeb Akhtar gave remarks that he did not agree with Farogh Naseem’s argument. “It seems you want to pursue case on the basis of show-cause notice.”
The court observed it meant that the reference wasn’t a piece of paper before the show-cause notice.
Farogh Naseem said there could be a judicial review of preparing the reference before the show-cause notice.
Justice Sajjad Ali Shah asked him to first give arguments on the preparation of the reference.
Barrister Farogh Naseem said he was asked to represent the Federation at the very last moment.
The court said they were giving him another 12 hours for preparations and added that in what capacity the Assets Recovery Unit collected the information.
Farogh Naseem asked the court for how much time the court proceedings would continue.
Justice Umar Atta Bandial said the case was being heard after two months, adding that the judges would listen to him with patience.
Farogh Naseem said Waheed Dogar gave an application to the Asset Recovery Unit.
Munir A Malik said the copy of Waheed Dogar’s complaint wasn’t provided.
Farogh said they could not submit these documents to the court by mistake.
Justice Sajjad Ali Shah said Munir A Malik gave his arguments on this point for two days.
The court said the government team was present during arguments but did not submit the complaint.
The court adjourned the hearing till tomorrow while giving time to the government council.