Reference against honorable judges of the Supreme Court

Before the Supreme Judicial Council, Supreme Court of Pakistan.

Tauqir Sadiq son of Muhammad Sadiq resident of 96 F Model Town Lahore
(Complainant)/Member of the public)
Vs.
1. Justice Jawwad S. Khawaja Judge Supreme Court of Pakistan
2. Justice Arif Khilji Judge Supreme Court of Pakistan
3. Justice Mian Shakir Ullah Jan Judge Supreme Court of Pakistan
4. Justice Iftikhar Muhammad Chaudhry, CJ Supreme Court of Pakistan

Request for Reference against the respondents under article 209 (Information under Section 5(1) of the THE SUPREME JUDICIAL COUNCIL PROCEDURE OF INQUIRY, 2005)

1. That the matter relate to false and baseless involvement of the Complainant into a fictitious and frivolous scandal of 52 Billion rupees in an illegal manner by the honorable respondent judges.
2. That the brief facts of the case are that the Complainant was working as Chairman OGRA when an employee involved in several disciplinary cases filed petitions before the High court Islamabad challenging my appointment. The petition and ICA were dismissed. Where after, the petitioner in the constitutional petition number 42 of 2011 challenged the same before the Supreme Court of Pakistan instead of availing the remedy by way of appeal. The Honorable Court after hearing the petition decided it on 25-11-2011. Copy of Petition, its reply, detail about proceedings and final orders are part of the record of honorable Supreme Court. The petitioner submitted a review petition number 270 of 2011 along with an application requesting for constitution of a larger bench. Finally, on 16-5-2012 the review petition was summarily and arbitrarily rejected. Copy of review petition, order sheet and final order passed is record of Supreme Court of Pakistan.
3. That in the order dated 25-11-2012 the honorable judges cited above as respondents number 1 to 3, on the first page in Para number one of the orders declared that the allegation of rupees 52 billion was a serious one and referred the case to NAB for enquiry. It is submitted that the false and baseless allegation relating to a case of Dewan Petroleum was not part of the main petition and was verbally submitted by the petitioner along with a news cutting from a newspaper which is part of the record of petition number 42 of 2011. It shall be worth mentioning that the case of Dewan Petroleum was separately pending before Supreme Court of Pakistan vide appeal number 75 of 2011 and Criminal original number 43 of 2011 before the bench number 2 which decided the same wherein the main case(appeal) was remanded for decision afresh. Whereas, the criminal original number 43 of 2011 was rejected and the action of the respondents including the instant Complainant was held as bonafide one.
4. That the respondents with malafide intentions without first issuing the notice to Complainant or confronting the allegation of rupees 52 billion to him for getting his reply and clarification referred the case to NAB without first satisfying themselves as to the genuineness of the allegation which they were bound under the law to do or giving the opportunity of hearing to the complainant . No due diligence was exercised nor any effort to find out the truth was done before passing the order. They undermined and rather ridiculed the decision taken by the honorable Supreme Court of Pakistan and also by the honorable High Court by referring a decided case to the NAB willfully and knowingly that it is a false case. They also transgressed the Authority by unlawfully taking cognizance of the matter and giving decision on a matter which was not pending before them but another court had already decided the matter after taking cognizance of the matter lawfully. They again transgressed their powers and authority in review when they deliberately avoided to consider the grounds taken in the review petition and by not considering the application for constitution of larger bench first before deciding the main review petition. The use and threat to use the Contempt of Court Powers to get the desired results that is threatening the NAB to make out a false case when it is referred by these respondent judges also amount to conduct unbecoming of a judge, transgression of Authority and also misconduct. For the purpose proceedings for implementation of judgment and its reporting in the daily newspapers are referred.
5. The issues were raised in the review petition and an application for constitution of larger bench was also submitted on the grounds mentioned therein. The respondents deliberately under the fear that they shall be exposed for referring the false, frivolous and baseless case to NAB, rejected the same in summary and arbitrary manner without going into details. The reference to NAB of an absolutely false, frivolous and baseless case was palpably meant to deliberately scandalize the issue and was part of a bigger conspiracy to create a false impression of Corruption or corrupt practices.
6. The respondents in connivance with each other under a preplanned scheme made and referred to NAB this absolutely false, frivolous and baseless case. A case on which decision by the bench number 2 was already there so they ordered my second trial knowingly and in a deliberate manner which amount to misconduct and conduct unbecoming of a judge. They have violated oath of their offices and the conduct rules issued by Supreme Judicial Council.
7. Supreme Court does not have the jurisdiction of prosecution or interference in the prosecution in the manner the respondents are doing, therefore honorable respondent judges transgressed their authority in violation of Constitution of Pakistan and other applicable laws. The action is malafide and meant to deprive the complainant from his fundamental rights that is the right of appeal and appear before impartial judges. They deliberately avoided the constitution of larger bench to deprive me from my right of defense and fair trial. The statements of honorable judges made during the course of proceedings published in the press clearly show that they are biased and want to victimize the Complainant. They are in fact speaking the lie in a loud manner to hide and conceal the truth about the false and baseless allegation of misappropriation of 52 billion rupees. The whole action is designed to prosecute by media trial without having any evidence. A presentation on the Dewan Petroleum is attached herewith which clearly show that the Authority had role nothing other than implementing the orders of High Court.
8. The respondents on 15-5-2011 during the course of proceedings of the review petition verbally ordered the NAB to arrest the Complainant and immediately register the case while rejecting the reports of NAB. The orders were without any basis which was in fact meant to deprive me from my right to present the review/appeal and to deprive me from a fair trial. The action was without jurisdiction and violation of fundamental rights and the constitution of Pakistan. Under no circumstances my right of access to justice be taken away by direct or indirect way. The taking up of NAB report and the review petition on the same day were apparently preplanned to find a justification for arbitrary and summary dismissal of my lawful review application. This is a case of organized and systematic violations of fundamental rights. This is also glare violation of my fundamental rights as guaranteed under the constitution of Pakistan, laws of Pakistan and different documents of UN.
9. I was asked to be arrested by verbal orders passed by respondent honorable judges of Supreme Court of Pakistan illegally and without lawful authority which is violation of article 9 and 10(1) of constitution. The Inquiry report was completed by the NAB in a one sided way to deliberately avoid my statement to bring on record. The fact was in the knowledge of honorable judges and they never asked the NAB the reason of not bringing my statement on record. I have been denied the right of defense in the Inquiry and the honorable respondent judges who are regularly receiving the reports from NAB declared all these reports as proved without giving me right to defend even copy of allegations were not provided to me by the court or NAB in spite of my written request to NAB on 17-4-2012. News published in the press on each date after the hearings on implementation case available on the web and record of the same case is also the relevant evidence in this regard. The applicant/complainant shall submit further facts relevant to the conduct of the respondent honorable judges for consideration of the Supreme Judicial Council in due course.

10. It is submitted that the respondents disregarding the decision of a bench of Supreme Court in Criminal Original number 43 of 2011 wherein the Complainant was acquitted referred the same case to NAB for second trial on the same set of facts which is malafide, a misconduct, deliberate and willful violations of human rights guaranteed under constitution of Pakistan. Obedience to the constitution and laws is inviolable duty of every citizen of Pakistan wherever he may be under the article 5(2) of the Constitution which they deliberately avoided.
Therefore, in view of above submissions, an appropriate action under the section 209 read with rules may kindly be initiated to look into the conduct of honorable respondent judges and take appropriate necessary action in accordance with law.
Tauqir Sadiq
96 F Model Town Lahore
Tauqirsadiqexchairmanogra@yahoo.com
1-9-2012
Copy to:
1. President of Pakistan
2. Prime Minister of Pakistan
3. Chief Justice Of Pakistan
4. Federal Law Minister of Pakistan
5. Federal Secretary of Law Pakistan
6. Attorney General of Pakistan
7. Registrar Supreme Court of Pakistan
8. Secretary Supreme Judicial Council of Pakistan

 

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