The Supreme Court on Friday ordered Farogh Naseem – the counsel for the Federation – to submit written arguments as one of the judges, Justice Mansoor Ali Shah, asked him to explain whether Justice Faez Isa’s wife submitted tax returns and the women in Pakistan could not buy properties independently.
The remarks were made as 10-member full bench headed by Justice Umar Atta Bandial held the hearing of applications filed by Justice Faez Isa in connection with the presidential reference filed against him.
Justice Mansoor asked Farogh to tell one thing that whether she submitted tax returns regularly. And if yes, he added, then why she wasn’t an independent woman and why the tax authorities simply asked her about that.
Interestingly, the counsel replied in affirmative, saying she did according to his knowledge but argued that husbands were protectors and guardians of their wives, and were responsible for them, as he also cited a Quranic verse to argue his case. The husband and wife were the protectors of each other’s assets, said Farogh.
But Justice Mansoor observed that his argument supported Justice Faez as the applicant did not hide his wife’s assets.
However, another judge, Justice Sajjad Ali Shah, asked him to also explain the background of the Quranic verse, as it was about having relationship with wife while fasting during Ramazan.
Similarly, Justice Qazi Amin warned him that he was pushing them towards a dangerous situation.
Also, Justice Mansoor asked him whether the women in Pakistan did not have rights as a citizen and whether they could not purchase properties independently.
On the other hand, Justice Yahya Afridi asked whether any other judge was questioned in the past about his or his wife’s properties. To this, Farogh replied that the appropriate forum for the purpose was the Supreme Judicial Council.
At this stage, Justice Maqbool Baqir observed that no one said that a judge couldn’t be held accountable; however, his accountability was conducted under law.
Meanwhile, Justice Bandial told the counsel for the Federation that only those of his arguments were important, which carried some weight.
Later, further hearing of the matter was adjourned till June 15 (Monday) as the apex court asked Farogh to submit written arguments.