One of Pakistan’s most senior judges, Justice Qazi Faiz Isa, criticized the Supreme Court’s decision to remove former prime minister Nawaz Sharif for “non-disclosure and non-receipt of fictitious income”.
In his address at the 4th Asma Jahangir Conference in Lahore, Justice Isa criticized some of the major decisions of the judiciary in Pakistan in the past, saying, “Another prime minister was removed for not disclosing imaginary income which he never received. It happened.”
Justice Isa, himself a Supreme Court judge, said he would not comment on the decision to remove Nawaz but referred to what it said.
“Mr. Prime Minister, you were entitled to the salary but you did not receive it and did not disclose it. So you are not a good Muslim so we send you home, the judgment said,” Justice Isa said, adding that he would not say whether he agreed with it.
The judge took his criticism further by saying that a joint investigation team (JIT) had been constituted to investigate the case, a term he was “unfamiliar with” at the time, as in any law of Pakistan. It is not mentioned in any law except anti-terrorism. Terrorism Act.
‘Judiciary Among Constitutionally Authorized Institutions’
Justice Isa started by saying that the coming into existence of Pakistan is unprecedented in the world.
“The constitution clearly lays down the division of powers for various institutions and the judiciary is one of them. Pakistan was created democratically.”
He said that the first attack on democracy was done by a bureaucrat, Ghulam Muhammad.
Justice Isa said that it was Maulvi Tamizuddin who challenged the dissolution of the legislative assemblies of Pakistan.
Pakistan needs both judiciary and executive. However, what it needs most is a [democratic] popularly elected government.
He said that removing democracy from Pakistan would be tantamount to stabbing the country in the back and treason.
Everyone should respect the constitution.
Proceeding on the issue of dismissal of former Prime Minister Zulfikar Ali Bhutto, Justice Isa said that the politician was not tried in a military court but in a civil court.
“I was in the bench that tried the case for the establishment of military courts. I was the senior most junior judge and was part of the minority judgement.
He said the constitution was violated, but a petition against the act was declared admissible, he said, referring to the uprising led by General Ziaul Haq.
Justice Isa said that if a citizen monitoring body is established for democracy, it can monitor those who receive salary and pension from the government.
Plot Politics is Very Popular in Pakistan
The justices said they would put General Ayub Khan, General Muhammad Zia-ul-Haq and General Pervez Musharraf on the executive blacklist and whitelist Pakistan’s first and second army chiefs.
He said that Ayub Khan asked the army chief for a plot. Later, the army chief was removed and politics revolved around conspiracies. He said that politics of plots is very popular in Pakistan.
Justice Isa said that he will not point fingers at any institution.
He remarked that I was Chief Justice of Balochistan High Court for five years and judges cannot say that they are under pressure, if someone says that they are under pressure then they are not following the oath that they have taken. .
He recalled the interview of the Chief Justice and said that it brought tears to his eyes. Justice Isa said that this Chief Justice had said that the Bhutto case decision was given under pressure.
He further said that the constitution keeps the country united.
