Justice Qazi Faez Isa. PHOTO: FILE

ISLAMABAD: Neither Prime Minister Imran Khan's cabinet nor Pakistan Tehreek-e-Insaf (PTI) leadership were taken on board in the government's recent decision to file references against two superior court judges, senior party leaders confirmed on Sunday.



Speaking to The Express Tribune on condition of anonymity, one of the PTI leaders said no party or cabinet member was taken into confidence before the references were filed in the Supreme Judicial Council (SJC).



He revealed that almost all senior cabinet and party members were surprised to learn that the presidential references had been filed.



The leader that the secrecy around the matter was highly unusual and that senior party leaders had conveyed their concerns to PM Imran.



Likewise two more PTI leaders have also confirmed that the party and cabinet were not taken on board.



Meanwhile, a senior official from the law ministry revealed that the references were drafted on the prime minister's instructions as he was the one who had approved the summary.



The official, who also requested anonymity, said the prime minister was also personally monitoring reports on assets of judges that various departments were submitting to the law ministry.



He said the premier's involvement was clear from the summary, which was also reviewed by the attorney general. After reviewing the summary, the PM advised President Dr Arif Alvi to act on Article 209 (5) read with Article 48 of the Constitution.



The summary was also attached with the reference.



Another senior law officer said that, according to the rules, matters related to Article 209 cannot be discussed in the federal cabinet. He said PM Imran could be expected to issue a public statement soon in favour of the reference.



Meanwhile, former chief justice Iftikhar Chaudhry said in a recent media talk that the references were filed without strictly following constitutional provisions.



"The deficiency of the case, which is also apparent on record, is that the cabinet is not involved,” he said, adding that in the parliamentary system of governance the prime minister cannot take unilateral decisions on government matters.



"Article 90 of the Constitution has to be read with the rules of business as well as the 2016 Mustafa Impex Supreme Court judgement, in which it was declared that the federal government was a collective entity described as the cabinet constituting the prime minister and the federal ministers," he said.



This development comes after the Supreme Court Bar Association demanded the impeachment of President Alvi on Saturday citing that he filed a reference against Justice Isa with mala fide intent.



'No more references'



The Ministry of Law and Justice has clarified that there were no efforts being made to file another reference against a member of the judiciary.



"A section of the press carried a news on June 1, 2019, regarding filing of a reference against another 'would be Chief Justice'. It is to clarify in strong terms that no such reference is even under consideration. Any news reports in this regard are an effort to create undue controversy," read a ministry statement.