ISLAMABAD - The Supreme Court Bar Association of Pakistan Saturday demanded impeachment of President Arif Alvi over his ‘malicious’ reference against Supreme Court’s judge Justice Qazi Faez Isa and announced to observe solidarity day with judiciary on June 14.
Terming Arif Alvi a ‘dummy president’, President SCBAP Amanullah Kanrani urged the parliamentarians to move a resolution for impeachment of President Alvi, saying he has no reason to hold the office.
According to Article 47 of the Constitution, the president may be impeached on a charge of violating the Constitution or gross misconduct. The Article 47(8) states: “If, after consideration of the result of the investigation (by joint sitting), if any, a resolution is passed at the joint sitting by the votes of not less than two-thirds of the total membership of Parliament declaring that the President is unfit to hold the office due to incapacity or is guilty of violating the Constitution or of gross misconduct, the President shall cease to hold office immediately on the passing of the resolution.”
President SCBAP demanded the impeachment while addressing a press conference held at Supreme Court building. He condemned the reference saying it is based on mala fide intent.
In the reference, it is alleged that Justice Isa had not declared his Spanish spouse’s three foreign properties in his wealth statement under Income Tax Ordinance 2001. Similar allegation has also been leveled against SHC’s Justice K.K.Agha that he has not declared his foreign assets in his wealth statement. The SJC has already issued notice to Attorney General for Pakistan for June 14 for legal assistance.
“Government should withdraw presidential reference before June 14 otherwise the legal fraternity will resort to extreme end against the government,” said Kanrani while rejecting the reference.
Kanrani also raised question on the impartiality of SJC and said that the Council issued notice to the government through attorney general without following the procedure mentioned in SJC Procedure of Enquiry 2005.
On behalf of lawyers, Kanrani expressed disappointment on Chief Justice Asif Saeed Khosa and said that the reference should have been instantly rejected.
He further maintained that the members of SJC should submit affidavits that they shall remain impartial in deciding the reference. “What treatment is being meted out to Justice Qazi Faez Isa today can be meted out to some other judge in future,” he warned adding that the reference is condemnable.
He said that the family of Justice Isa had rendered commendable services for foundation of Pakistan adding not this great family is being sullied. “Similar treatment was meted out to Fatima Jinnah by us,” he added.
The President SCBAP also recounted Justice Isa’s services to the nation and said that he had exposed terrorism and the Quetta Commission Report authored by him opened the eyes of our institutions adding that his report helped in eliminating the terrorism. “Who don’t speak against the terrorism is the facilitator of terrorists,” said Kanrani.
The president SCBAP said that instead of proceeding against Justice Isa, the SJC should hold those judges accountable who awarded death sentence to elected Prime Minister Zulfikar Ali Bhutto and later they conceded that the sentence was awarded under pressure.
Those should be held accountable who appointed judges on nepotism, said Kanrani adding that a judge got the rules amended for getting his sons licenses for practice so proceedings should be initiated against such judges.
The dissenting voices among judges are being made silence, Kanrani lamented while pointing towards the bold judgments and observations of Justice Isa.
Meanwhile, Balochistan Bar Council resolved to hold full day strike on June 3. In a resolution, the Council expressed serious concerns and reservations over the reference against Justice Isa and termed it against the independence of judiciary.
The Council has also supported the resolutions so far passed by all bar councils and bar associations of the country.
Pakistan Bar Council, the apex body of country’s lawyers, has called a general house meeting on June 12 to devise future strategy against the government over the reference.