The petitioner contends that the references against Justice Isa 'while cloaked in pious proclamations of accountability - are actually rooted in mala fides
of fact and law.'
The petitioner contends thatthe references against Justice Isa "while cloaked in pious proclamations of accountability are actually rooted in mala fides
of fact and law." "[The references] in fact, are an outcome of a joint and systematic attempt being made by certain visible, and certain invisible, quarters within the executive branch to intimidate judges into subjugation and permanently fetter the independence of the judiciary," states the petition.
which were not notified for public information in the official gazette, 'were aimed at benefitting a few individuals' and could not be said to have been initiated in good faith 'and rather smacked of mala fides
There is no evidence on the record even prima facia to constitute any of offence and yet the FIA registered the case which is a case of mala fides
,' the counsel maintained.
'This remedy of quo-warranto cannot be equated with the challenge to the holder of any other public office, which public office is statutory in nature or of an autonomous body; where the appointment is assailed as not having been made according to the law (regarding his qualifications etc.) or on account of the fact that the appointing authority lacked the authority to make such an appointment or the appointment is tainted with sheer mala fides
, on the basis of political considerations, nepotism etc.