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“Such residency/citizenship is not a disqualification for a judge under the country’s Constitution,” court tells Vawda
- Residency/citizenship “doesn’t disqualify” judge under Constitution.
- Communication between judges, potential candidates not recorded.
- Vawda sought Supreme Judicial Council’s interference in matter.
The Islamabad High Court Thursday responded to the Senator Faisal Vawda’s letter to court’s registrar seeking disclosure of the correspondence between then-IHC chief justice Athar Minallah and Justice Babar Sattar about the latter’s green card.
In its response to the senator, the court’s registrar said: “The information sought by the high court from lawyers being considered for elevation/appointment as judge does not include information regarding residency and/or citizenship of any country other than Pakistan.”
The registrar wrote the letter, referring to Vawda, on behalf of IHC Chief Justice Aamer Farooq, maintained that such residency/citizenship is not a disqualification for a judge under the country’s Constitution.
The politician’s letter, sent to the IHC on April 30, referred to the social media campaign against Justice Sattar accusing him of holding a nationality of the United States and having a business interest in a private school in the country.
Vawda said that he wrote a letter to the IHC in April but he hasn’t received a reply yet.
“We should get that record as it has been 15 days,” he stressed.
“A press release was issued that said Justice Sattar is Pakistani but I didn’t get a reply. CJP Qazi Faez Isa, under Article 19, ordered that every Pakistani can get an answer,” he said.
“The conversations between potential candidates for appointment as judges or/an interview with the Hon’ble Chief Justice and/or Senior Puisne Judge of the High Court is not a communication of which record is maintained and minutes taken,” the IHC letter mentioned.
It added that Justice Athar Minallah was IHC chief justice at the time of Justice Babar Sattar’s appointment as the judge and had disclosed the aforementioned matter during the hearing of the suo motu proceedings in relation to the letter of six IHC judges, which were livestreamed.
Justice Minallah clarified that Justice Sattar’s possession of a Green Card was discussed during the Judicial Commission of Pakistan’s meeting, where his name was recommended for approval.
The now IHC judge has also declared that his possession of the said residency card.
“This Court does not maintain record of the discussion that transpires in the Judicial Commission of Pakistan. Even there is no requirement to refer Article 19-A of the Constitution of Islamic Republic of Pakistan, 1973, which could only be referred when there was any privileged information available to the institutions,” the letter maintained.
Vawda, on the other hand, has questioned why should a judge have a dual citizenship when assembly members can’t, adding that “if an assembly makes a law then we will have to make a law about this too”.
The politician demanded that the Supreme Judicial Council would have to interfere in this matter.
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