By Shakeel Ahmed
ISLAMABAD: Justice Maqbool Baqar reminded the Centre’s counsel on Thursday that a prior democratically elected government had been sent packing on charges of surveillance of judges.
A 10-member full bench of the Supreme Court was hearing Justice Qazi Faez Isa’s petition against the federal government’s reference against him. The bench headed by Justice Umar Ata Bandial directed the government’s counsel, Dr Farogh Naseem, to satisfy the court on allegations of mala fide intent, and to assist the court on the point of surveillance.
The petitioner has made allegations of mala fide intent and surveillance carried out of him and his family.
Justice Bandial said that if mala fide intention is established it would end the jurisdiction of the Supreme Judicial Council. “Since 1960, any act tainted with malice ends jurisdiction,” he said, noting that mala fide intent would also bring ulterior motives in question. The court observed that if malice is proved, the proceedings of the Supreme Judicial Council would be quashed.
During the hearing, Dr Naseem argued that the petitioner’s entire defence was based on his spouse and children being independents, that he is not bound to disclose their properties, and that it is not misconduct.
