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SC accepts review pleas in Justice Isa reference ruling

By Sabah & ONLINE
April 27, 2021

By News Desk

ISLAMABAD: The Supreme Court on Monday accepted review petitions challenging the verdict in the presidential reference against Justice Qazi Faez Isa and declared legal actions taken by the FBR and other forums related to the assets of the judge’s wife and children illegal.

Ten-member bench of the apex court headed by Justice Umar Ata Bandial approved several review petitions. The court in short order said no action could be taken against the wife and children of Justice Isa. The detailed order will be issued later.

In the 6-4 majority decision, Justice Maqbool Baqir, Justice Manzoor Ahmad Malik, Justice Yahya Afridi, Justice Mazhar Alam Mian Khel, Justice Mansoor Ali Shah and Justice Amin ud Din Khan accepted multiple petitions, while Justice Umar Atar Bandial, Justice Sajjad Ali Shah, Justice Munib Akhtar and Justice Qazi Amin differed with the judgment.

However, the individual petition filed by Justice Isa himself was approved by five judges and dismissed by the other five members of the bench.

Justice Manzoor Malik and Justice Mazhar Alam retracted from their decision to send the cases to the Federal Board of Revenue (FBR) in the review petition, while a new member of the bench, Justice Amin Ud Din Khan, also supported the petition.

The apex court has stopped further action regarding London properties owned by Sarina Isa, the wife of Justice Qazi Faez Isa. The court also declared legal actions taken by the FBR and all other forums related to the assets of Justice Isa’s wife and children as illegal. The FBR’s report could not be challenged in the Supreme Judicial Council (SJC) or any other legal forum, the majority judgment said.

The bench had earlier decided the matter with the majority of seven against three. The court had rejected the presidential reference against Justice Isa, but had directed the FBR to review the matter of properties owned by Sarina Isa abroad. The Supreme Court judge and his wife had challenged the apex court’s order on the presidential reference, seeking the removal of Justice Isa for failing to disclose foreign properties of his family members.