ISLAMABAD  -  Pakistan Muslim League-Nawaz leader and Evacuee Trust Property Board former chairman Siddiqul Farooq on Friday filed a reference against Chief Justice of Pakistan Mian Saqib Nisar in the Supreme Judicial Council.

Farooq, who was removed from his office by the apex court in January, has leveled serious allegations against the chief justice, accusing him of violating the Constitution by encroaching upon powers of legislature and executive, humiliating politicians and litigants appearing before him, misusing the suo motu powers and harassing government functionaries.

The reference has been filed under Article-209 of the Constitution before the SJI, a body that is mandated to decide the cases related to the misconduct of the judges of superior courts.

The SJC is comprised of the chief justice, the two most senior judges of the Supreme Court and the two most senior chief justices of high courts.

Farooq in his reference had argued that there were several institutions i.e. police, the FIA, the NAB etc for the accountability of politicians and civil servants, “but Chief Justice Saqib Nisar is enjoying absolute immunity from these institutions”. Therefore, according to the petitioner, he decided to approach the SJC in this matter.

"People may know that accountability is not only limited politicians and civil servants and that the residents of the highest temple of justice are not free from all legal and moral limitations," the reference says.

“Harsh conversations” with the people appearing before the chief justice and his “humiliating remarks” about different government functionaries reported in a section of the media had been made part of the reference to substantiate the case while a resolution passed by the Pakistan Bar Council concerning the excessive use of the suo motu powers by the chief justice had also been annexed with the reference.

The PML-N leader alleged that “the chief justice started resorting to populism like a political leader through choreographed and well-publicized visits to various places, public speeches, using the politically motivated language”.

"Unknown forums put up hundreds of posters of the chief justice on billboards in Karachi but no action was taken by the CJP to stop such undue publicity," says the reference.

It has also mentioned that “the chief justice has announced a 'jihad' against various segments of society including the executive and legislature. To further augment his allegations, the petitioner has attached references, where the chief justice declares himself as 'Salar' (chief) of the lawyers' community by declaring them as his army, with the reference.

Farooq has alleged further that “the behaviour of the chief justice is extremely rude, insulting, and arrogant towards litigants and public servants, which is also far below the standards prescribed in the code of conduct for judges of the superior courts”.

The reference also claims that “Justice Nisar initiated contempt proceedings against elected representatives of the PML-N but no action is taken against religious personalities such as Maulana Khadim Rizvi and Tahir ul Qadri, who targeted the judiciary and even abused the chief justice personally”. “No action was taken against PTI chief Imran Khan for ridiculing the judiciary and judges for their alleged role in the 2013 general election,” says the reference.

The petitioner has mentioned that “the chief justice has encroached upon the functions, which are the exclusive domain of the executive or legislature, bypassing orders while specifically mentioning the matter regarding the appointment of the vice-chancellors of four universities and the provision of security personnel to public figures by law enforcement agencies.  

The reference has also alleged that the chief justice took a lenient view of the PTI chief during a case related to illegal developments in Bani Gala when he allegedly submitted a fake NOC of his house in the apex court but no action was taken against him by the apex court.

Farooq also questioned the moral authority of the chief justice while referring to an oath he had taken under the Provincial Constitutional Order (PCO) in 2002 and subsequently another oath after the restoration of all other judges, who had refused to take oath in November 2007.

The dramatic arrest of Rao Anwar, a proclaimed offender in a high profile murder case, had also been made part of the reference and the petitioner has criticized that the CJP allowed a criminal to enter the Supreme Court premises through the judges’ gate, which was, otherwise, not permissible even for senior lawyers of the top court. 

The petitioner has prayed that the SJC inquire the alleged misconduct committed by Justice Nisar and submit its report to the president. 

Talking to media outside the Supreme Court after submitting his reference in the registrar office, Farooq demanded to dispose of the reference at the earliest.

"This reference has been filed exclusively by me on my own behalf and it has nothing to do with my party because the chief justice personally humiliated me when I had appeared before him," he explained.

 

MUHAMMAD ASAD CHAUDHRY