ISLAMABAD: The current standoff between Pakistan and India also affected on Monday the hearing by the Supreme Judicial Council (SJC) of a complaint against a sitting high court judge, as witnesses were unable to come to Pakistan in view of the security concerns and adverse travel advisory.

A five-judge SJC, headed by Chief Justice of Pakistan Asif Saeed Khosa, resumed the proceedings after almost two months, but was informed by senior counsel Hamid Khan, representing Justice Mohammad Farrukh Irfan Khan of the Lahore High Court, that four defence witnesses who had to depose their testimonies before the council could not reach Pakistan and were still abroad.

The SJC accepted the plea and adjourned hearing to April 8 but with a caution that further postponement in the matter would not be granted.

Justice Irfan is facing a reference on misconduct after his name surfaced in the list of those having properties abroad and allegedly involved in money laundering. The SJC had in February 2017 issued a show-cause notice to the judge.

Besides Justice Irfan himself, the witnesses include Sanjiv Kumar Patel from the United Arab Emirates and Nisar Bhatti, Syed Mubashir Ali and Iseb-ur-Rehman from England.

In a fresh application submitted to the SJC through his counsel, the applicant said Iseb-ur-Rehman, Nisar Bhatti and Mubashir Ali could not travel in view of the current security situation and tension between Pakistan and India due to which the entire international airline travel system was disturbed and flights were not operating at regular and normal schedules.

“Also the international travel advisory is to avoid travelling to Pakistan and India,” the application said, adding that as soon as the security situation improved and travel advisory was lifted, the witnesses will travel to Pakistan for recording their statements in defence of the high court judge.

The application further said that witness Nisar Bhatti was seeking British nationality and passport and the requisite process was under way, adding that until the process was complete, he could not leave the United Kingdom for some time.

“In view of the circumstances, it is most respectively prayed that the hearing be adjourned to a sufficiently reasonable time during which the security situation of Pakistan and India would return to normal and usual flight operations resume,” it said.

About witness Sanjiv Kumar Patel, a separate application stated that his daughter was critically ill and had been admitted to the intensive care unit of a hospital in the UAE and, therefore, required 24 hours attendance by her family. “Due to this reason, Dr Patel is unable to appear as witness till such time that the condition of her daughter improves,” it said.

The applicant also furnished a signed letter of Dr Patel to this effect and requested for postponement of the proceedings.

Published in Dawn, March 12th, 2019