ISLAMABAD: Justice Mansoor Ali Shah has remarked that if President wanted to give responsibility to collect material then he should give it in writing as verbal instructions have no meaning in the law adding that the law ministry was not authorized to review assets of any judge.
Justice Mansoor Ali Shah gave these remarks as Supreme Court of Pakistan full 10 member bench heard the petition against Supreme Judicial Council over the presidential reference against Justice Qazi Faiz Essa.
The counsel of Justice Qazi Faiz Essa opined that tax officials could not provide asset details of the unconcerned and unauthorized officer while even Prime Minister can not ask details of any person from the tax officials.
The head of the bench Justice Umar Atta Bandial said that the PM can’t get details as taxpayers have legal protection, to which, Muneer said that tax officials can only provide details in the criminal cases.
Justice Muneeb Akhtar questioned that if Supreme Judicial Council ask for details from tax officials then the same will be a hindrance to it, on which, Muneer said that the SJC can get the information under the constitutional powers but the basis of the reference is illegal, hence, the building builds on illegal pillars can’t be legal.
Justice Umar Atta Bandial asked that then should we neglect facts? Muneer Malik responded that the facts should not be neglected at all while Justice Umar Atta Bandial clarified that the facts received from illegal means have been declared acceptable in India.
Muneer Malik said that President should look into it whether facts regarding the Judge has been collected fairly or not.
Another member of the bench Judge Maqbool Baqar inquired that had action not been required by the President on the material collected? Muneer A Malik responded affirmatively while he said that
authorize authority can only collect material against any judge adding that President and Council are
authority to collect facts while assets recovery unit is not the authorize authority to collect facts adding
that President can’t form an opinion on facts collected from illegal means.
The case has been adjourned until tomorrow.