: During the hearing of Justice Qazi Faez Isa reference, Justice Maqbool Baqer
addressed the Advocate for federal government Farogh Naseem and remarked that a
democratic government had
been ended for spying on judges. Advocate Farogh Naseem argued that if he accepted today that he could not ask the judge about the assets of his wife or dependent children, there would be a disaster.
While Justice Umar Ata Bandial remarked that the point of spying on judges has great importance.
During the hearing, Federal Counsel Farogh Naseem argued that the main question was whether the judge was legally barred from disclosing the property of his wife and children. Action will be taken against the judge only if the judge will be found of misconduct. The constitution has not defined a dependent wife and independent wife, Judges’ wives and dependent children could not benefit from the amnesty scheme, he argued. Justice Umar Ata Bandial remarked that you want to say that other
citizens are exempted from the tax amnesty scheme but not the judges and their families. What does this have to do with this case? The conduct of judges is only mentioned in the constitution. Lawyer Farogh Naseem argued that if he accepted today that he could not ask the judge about the assets of his wife or dependent children, there would be a disaster. In the Panama case, Nawaz Sharif had also said that I should not be asked. All judges in Pakistan are politically exposed persons. Justice Umar Ata Bandial remarked that if the wife can buy assets from her income, she could also explain that. You have to argue about the maliciousness of the reference. Justice Maqbool Baqar remarked that in fact it has to be proved that the judge could not fulfill the legal requirements by not disclosing the property of his wife. The reference is in violation of Section 116 of the Tax Act. In reply, Farogh Naseem promised the court to give full arguments on Article 116 as well. The court adjourned the hearing till Friday.
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