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Sunday January 29, 2023

Federation’s petition in Justice Isa case not entertainable: SC registrar

The Registrar Office further states that scandalous language has been used in the case

By Our Correspondent
May 28, 2021
 Justice Qazi Faez Isa case.

ISLAMABAD: The Supreme Court Registrar Office, while returning the federation’s petition on its judgment regarding review petitions in Justice Qazi Faez Isa case, held that there was no any such provision of filing a curative review petition in the SC Rules 1980, hence it was not entertainable.

It stated that on the title page, the case is mentioned as suo moto case; however, on the subject, the case is mentioned as “Curative review petition”.

The case amounts to a second review petition, which is not entertainable under Order XXVI, Rule 9 of the Supreme Court Rules 1980.

A - Petitioner No 1 (President of Pakistan) has not executed the power of attorney.

C - Power of attorney has not been executed by petitioner No 6.

The Registrar Office further stated that subject of the case had been drawn as under, which is misconceived and not as per Supreme Court Rules.

The Registrar Office further stated that scandalous language has been used in the case, particularly on page No 9 (para mm), page No 46 (para FJ), page No 48 (para j) page No 64 (para hh) and page No 73 (para IV).

Furthermore, review of a judgment can only be sought by filing a proper review petition under Order XXVI of the Supreme Court Rules 1980. Additionally, multifarious prayers have been made in the case.

Meanwhile, Pakistan Bar Council (PBC) Thursday threatened to launch country-wide agitation against the government for filing second petition against the judgment of the Supreme Court (SC) in Justice Qazi Faez Isa case.

PBC Executive Committee Chairman Muhammad Fahim Wali strongly condemned what he called the government’s nefarious decision and act to file a “curative review petition” to challenge the judgment dated 26-4-2021 of the Supreme Court of Pakistan. That judgement was passed in review petition of Justice Qazi Faez Isa case, and the second petition has been returned by the SC Registrar Office with objections.

In a statement issued here, PBC vice chairman and executive committee chairman said that the role, conduct and activities of the president, prime minister and the federal law minister were aimed to undermine the independence of judiciary, continuity of democratic process of government as per the constitution, is against the national interests.

They said it was bringing a bad name to the government, hence they urged the federal government to refrain from filing the second and subsequent review petition against the judgment of the Supreme Court in review petition of Justice Qazi Faez Isa case. Otherwise, they added, the legal fraternity would oppose it with full force and even would not hesitate to launch a country-wide agitation against the government.

They expressed grave concern on the move, which is based on ulterior motives, apparently aimed to target and suppress the independent judiciary.

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