ISLAMABAD: Less than a week after the chief justice of Pakistan (CJP) announced that references pending before the Supreme Judicial Council (SJC) would be addressed, an Islamabad-based lawyer has filed a reference against the Islamabad High Court (IHC) chief justice (CJ).

In his reference, Advocate Rana Abid Nazir Khan has levelled eight allegations against the IHC CJ. The reference contends that under Article 205 and its Schedule-V, every judge of a high court is entitled to such privileges and allowances as may be determined by the president.

Under the ‘High Court Judges (leave, pension and privileges) Presidents order 3 of 1997’, a judge who chooses to reside in a house not provided by government shall be entitled to a monthly allowance of Rs65,000. However, the reference claimed that IHC CJ Mohammad Anwar Khan Kasi resides in a rented house with a monthly rent of Rs110,000, which is being paid by the IHC, while also drawing Rs65,000 per month as house rent allowance.

It argues that the IHC CJ could have declared one residence, but chose to retain two: one in Islamabad and another in Quetta. Subsequently, the maintenance expenses of both houses are also borne by the national exchequer. “It is also a matter of fact that recently, a generator worth approximately Rs3.5 million was installed at his residence in Quetta at the expense of the IHC,” the reference claimed.

CJ Kasi accused of availing more perks than he is entitled to

The reference pointed out that “in spite [of] the pending litigations concerning CDA, the [IHC] chief justice made a request for allocation of Plot No. 487, Street No. 34, I-8/2 Islamabad… making a request of the kind to a litigant has not only adversely affected the prestige of IHC but has also amounted to lowering its esteem.”

It alleges that Justice Kasi had his overage brother Mohammad Idrees Khan Kasi appointed deputy registrar without the competitive process, in violation of the IHC Appointment & Condition of Service Rules 2011.

According to the reference, relatives of the IHC CJ’s close friends have also been appointed to posts in grades 17 and 18.

The reference claimed that in addition to these appointments, CJ Kasi also appointed a lawyer, Azam Bhatti, as the sole court auctioneer to handle all court-related auctions within Islamabad, which was as “act of nepotism and favouritism”.

It asked the SJC to initiate proceedings under Article 209 of the Constitution against Justice Kasi and said that “the financial loss incurred to the public exchequer… may be recovered so that public confidence in the judicial system is restored”.

Mohammad Shoaib Shaheen, vice chairman of the Islamabad Bar Council (IBC) told Dawn that judges should be held accountable for any wrongdoing.

“I have already asked CJP Jamali to ensure judges’ self-accountability, which is the best way to restore public faith and trust in the judiciary” he said.

SJC should proceed with all the pending references and if someone is found innocent he should be exonerated and the guilty must be removed from this sacred profession, he added.

Former Islamabad Bar Association president Syed Javed Akbar said that it was the right of every citizen to file a reference under Article 209 of the Constitution. He expressed hope that since CJP Jamali had recently announced the SJC’s reactivation, therefore references against different judges would be addressed soon.

The CJP, during a recent enrolment ceremony for lawyers, had said that nearly 90 per cent of all references filed against judges of the superior judiciary had become infructuous as many of those judges had retired.

Despite repeated attempts, Sohail Ahmed, secretary to the IHC CJ, could not be reached for comment.

Published in Dawn, November 6th, 2015

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