SC tosses out reference against Justice Faez Isa

By News Desk

ISLAMABAD: The Supreme Court on Friday quashed the presidential reference filed against Justice Qazi Faez Isa over the alleged non-disclosure of his family members’ properties in his wealth statements, declaring the case of “no legal effect whatsoever”.

The 11-page short order was announced by Justice Umar Ata Bandial. A detailed verdict would be announced at a later time.

The judges unanimously declared the proceedings of Supreme Judicial Council and its show-cause notice as abate. Seven judges of the 10-member full bench, however, referred the matter to the Federal Board of Revenue (FBR), asking it to initiate tax proceedings against Justice Isa’s wife and two children. It was stated that the reasons of the order would be issued later.

Justice Maqbool Baqar, Justice Mansoor Ali Shah, and Justice Yahya Afridi did not endorse the view of the seven judges pertaining to referring the matter to the FBR. Justice Afridi dismissed Justice Isa’s petition against the reference, but he accepted all the pleas of bar associations against the same.

The court, in its order, stated: “Subject to what is stated below, the Order of the Court is that Reference No.1 of 2019 is declared to be of no legal effect whatsoever and stands quashed, and in consequence thereof the proceedings pending in the Supreme Judicial Council (“Council”) against the Petitioner in CP 17/2019 (including the show-cause notice dated 17.07.2019 issued to him) stand abated.”

Justice Bandial, Justice Manzoor Ahmad Malik, Justice Faisal Arab, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah, Justice Munib Akhtar and Justice Qazi Muhammad Amin Ahmed issued directives that seven days of the order, a concerned commissioner of Inland Revenue shall “himself (and not some other officer exercising delegated powers)” issue appropriate notices under the Income Tax Ordinance, 2001 to Justice Isa’s spouse and children to offer an explanation regarding the nature and source of the funds — separately for each property — in the United Kingdom.

The spouse and children were subsequently referred to as “the respondents”. “Any notices issued or proceedings taken (or proposed to be issued or taken) under the 2001 Ordinance in relation to any of the respondents in respect, or on account, of the properties aforesaid prior to the date of this order stand terminated forthwith.”

The order stated that the notices would be served at Justice Isa’s official residence at Islamabad through courier service and such other means as might be considered appropriate and would be deemed served on the respondents when received at the said address.

“The respondents shall furnish their replies to the notices along with such material and record as is deemed appropriate. In case any of them is outside the country, it shall be the responsibility of such person to timely file a response, and the proceedings before the commissioner shall not be adjourned or delayed for the reason of non-availability in Pakistan of such person,” it added.

“The proceedings shall be concluded before the Commissioner within 60 days of the date of receipt of the notices as aforesaid, and the order shall be issued by him within 75 days of the said date of receipt, and no adjournment or extension in time whatsoever shall be given as affects or extends the aforesaid periods,” the order said.

The ruling added that within seven days of the issuance of the order by the commissioner, the FBR chairman shall submit a report to the SJC through its Secretary (the registrar of the Supreme Court) regarding the proceedings as aforesaid, appending thereto the entire record of the said proceedings.

Order per Maqbool Baqar, Syed Mansoor Ali Shah and Yahya Afridi, stated: “For the reasons to be recorded later and without limiting our jurisdiction in any manner to appropriately enlarge the scope of or make appropriate declarations and directions in the detailed judgment, we hold the above petitions maintainable and allow the same.

“One of the outcomes of such declaration is that the reference filed by the President of Pakistan against the Petitioner (Justice Qazi Faez Isa) is quashed, and as a result the proceedings along with the Show Cause Notice issued by Supreme Judicial Council stand abated.”

It stated: “One of the pivotal Constitutional values is that the independence of judiciary shall be fully secured. The same Constitution also ordains that to enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen.

“Therefore, it is reiterated that in our constitutional democracy, neither the petitioner judge, nor any other judge, or any individual or any institution, is above the law. The doors of the constitutional forum i.e., Supreme Judicial Council are always open, either on its own motion or for anyone who has a genuine and a bona fide grievance, amenable to the jurisdiction of the Council against a Judge of the Constitutional Court.”

The order went on to say that at the same time, it is equally important, that a judge, like any other citizen of Pakistan enjoys the inalienable constitutional right to be treated in accordance with law. These fundamental values are to be protected at all costs in order to uphold the majesty and supremacy of the Constitution and to honour the people of Pakistan who have adopted and given to themselves this Constitution.

Justice Yahya Afridi, however, found Constitutional Petition No.17/2019 as non-maintainable. The court announced the judgment hours after it was reserved by the bench during the hearing held in the morning.