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Second letter to President: Justice Faez debunks charges, raises questions

ISLAMABAD: Justice Qazi Faez Isa, senior Judge of the Supreme Court, on Monday rejected the allegations levelled in the Presidential Reference filed against him, saying he and his family have been maliciously maligned by half-truth and innuendos by members of the government which is deeply distressing both for his family and himself.

According to high-level sources in the government, Justice Isa has dispatched a second letter to President of Pakistan, rejecting the allegations levelled against him in the reference.

“Firstly, I have not received a notice form the Commissioner, secondly my children are not minors nor have they been so for quite a while, thirdly neither my spouse nor my children are my dependents, fourthly section 116(1) (b) is not a penal provision because section 116 (3) permits “any omission”, to be rectified in terms thereof”, Justice Isa wrote to President in his second letter available with the News.

Meanwhile when contacted Public Relations Officer of the Supreme Court Shahid Kamboyo, he expressed his ignorance about Justice Isa’s letter.

Similarly when contacted Jehangir Iqbal, Secretary to President Arif Alvi, he too replied that he has no such information.

Refereeing to London properties, Justice Qazi Faez Isa said that after completing their education both his children legally worked in London adding that the details of the properties disseminated by the members of the government are those in which they lived with their spouses.

The properties are owned by those in whose names they stand”, Justice Isa wrote adding that no attempt was made to conceal their ownership; they were not held under trust, nor a special purpose vehicle or offshore company.

He said that he is not under an obligation to disclose his finances, but do so voluntarily because doubts having been cast upon his integrity.

I am fully compliant with the taxation, regime of Pakistan and I have never received a notice in respect of the said properties nor with regard to my wife and children”, Justice Isa wrote.

He said that the apparent basis for the reference is his purported non-disclosure of his wife and adult children properties. According to the law, this was not required to be disclosed, but the Prime Minister thinks otherwise.

“Therefore , Mr President, I take it that the Prime Minister had disclosed in all his tax returns the properties owned by his wives and children and if the Prime Minister did not do so, he would surely not have advised you to submit the Reference”, Justice Isa wrote To President.

“Mr President was it checked whether the Prime Minister did disclose his wives and children’s properties in his tax returns to confirm that his advice to you accorded with his own understanding and practice”, Justice Isa questioned.

“Mr President, will you ask the Prime Minister to kindly provide me all his returns disclosing the properties of his wives and children held by them abroad”, Justice Isa asked

“My wife is the daughter of Abdul Haque Khoso and the late Pelisa Carrera, a Spanish national. I am proud of the fact that my wife and children are well educated and independent, my wife amongst her many qualifications has a degree from Brunel University and specialization from Aston University. My daughter, 31, is married with three children. She did her LL.B. (Hons) from SOAS, Bar Professional Training Course from BPP University, LL.M. from University College London and was called to the Bar from the Middle Temple, making her the third generation of barristers in my family, my father was the first person to become a barrister from Baluchistan and my daughter is the first female barrister from the province. My son, 28, did his BA from Staffordshire University and then his MA from Birkbeck, University of London,” the justice added.

Justice Isa informed the President that his “due process” and “fair trial” constitutional protection has been violated even before the council has issued him a notice and he has an opportunity to submit his reply to the reference. Those members of the government who think that by pressurizing him they will be able to make him violate his oath of office, to do “right to all manner of people, according to law, without fear or favor, affection or ill will” should disabuse themselves for this notion.

“I am confident that you will do everything in your power to ensure that the constitution of this great nation is obeyed by all”, Justice Isa wrote to president and once again requested for providing the copy of the reference.

It is pertinent to mention here that President has filed a reference with the Supreme Judicial Council (SJC) against Justice Qazi Faez Isa, senior Judge of the Supreme Court and Justice Karim Khan Agha, Judge of the Sindh High Court alleging them for having properties in in London but they did not disclose it in their wealth returns.

The Supreme Judicial Council is scheduled to commence the instant proceedings on June 14 and it has already issued notice to Attorney General.

Soon after the filing of Reference, Justice Qazi Faez Isa earlier on May 29-had contacted the President of Pakistan, asking if a reference has been filed against him, he should be provided copy of the said reference.