Supreme Court Bar Association (SCBA) on Wednesday filed a review petition against the verdict of Justice Qazi Faez Isa case in the Supreme Court of Pakistan (SCP). The SCBA petition requests the Supreme Court to remove paragraphs 3 to 11 of June 19 decision. President of Pakistan, Federal government and Supreme Judicial Council have been made respondents in the petition.
جسٹس فائز عیسی کیس، سپریم کورٹ بار نے نظرثانی درخواست دائر کر دی
عدالت سے معاملہ ایف بی آر کو بھیجنے کے حکم پر نظرثانی کی استدعا
جوڈیشل کونسل ججز کے اپلخانہ اور بچوں کی جائیدادوں کی انکوائری نہیں کر سکتی، درخواست #justiceqazifaezisa #SupremeCourt
— Hassan Ayub Khan (@HassanAyub82) July 15, 2020
Justice Faez Isa: SC quashes ‘invalid’ reference
The SC dismissed the presidential reference filed against Justice Qazi Faez Isa for non-disclosure of family members’ properties in his wealth statement.
Justice Qazi Faez Isa case:
Representatives of apex bars (PBC Vice Chairman & SCBA President) expressed their serious concerns on the abrupt removal of the Chairperson of FBR and adhoc appointment of Muhammad Javed Ghani, in her place, and that too just for three months. pic.twitter.com/8NWduvZA2A
— Hasnaat Malik (@HasnaatMalik) July 7, 2020
The reference filed against Justice Isa by the government in May last year alleged that he acquired three properties in London on lease in the name of his wife and children between 2011 and 2015, but did not disclose them in his wealth returns. Justice Isa contested the allegation, saying he is not a beneficial owner of the flats — neither directly nor indirectly.
Through his petition, Justice Isa pleaded before the apex court to consider and declare that the Asset Recovery Unit (ARU) constituted by the government to investigate his family’s properties was illegal and working without any legal effect and any of the actions taken by the unit with regard to the reference against the petitioner judge and his family was thereby illegal and of no legal effect.
The petition also claimed that no search was ever conducted and the names and property details of the petitioner’s family were gathered through surveillance.
A 10-member full court bench led by Justice Umar Ata Bandial announced the short verdict in the case at 4 pm. “[The reference] is declared to be of no legal effect whatsoever and stands quashed,” read the judgment.
Wife of Justice Qazi Faez Isa appears before FBR team in Islamabad. Mrs Isa spent 45 minutes at Directorate of International Taxes Zone. She submitted details of money trail explains how she acquired her London properties. pic.twitter.com/BdDswHZk5n
— Zahid Gishkori (@ZahidGishkori) July 9, 2020
The top court, accepting Justice Faez Isa’s petitions seeking the reference’s dismissal, also withdrew a show-cause notice issued to Justice Isa. The show-cause notice was issued by the Supreme Judicial Council (SJC) to Justice Isa in July last year for “writing letters to President Arif Alvi” after the presidential reference was filed against him.
The short-order directed that the Inland Revenue Commissioner send a notice to the judge’s wife and children within seven days, asking them to give explanations about the nature and source of funding for three properties in their names in the United Kingdom. Shortly, the matter is still pending.
Mirza Iftikharuddin indicted in contempt case
The Supreme Court on Wednesday indicted Mirza Iftikharuddin in derogatory video case against the judiciary and judges, local media reported. A two-member bench of the apex court, comprising Chief Justice Gulzar Ahmed and Justice Ijazul Ahsan today heard the case. The Supreme Court Bar Association also condemned the malicious campaign against the judge.
The court framed charges against the accused and handed over a copy of the charge-sheet to the counsel of the accused.
The court should be informed in the next hearing if the accused confesses his offence or not, the bench said. Mirza Iftikhar tendered an apology to the Supreme Court for using derogatory and contemptuous language against the judiciary and judges.
He expressed regrets for his words and sought an unconditional apology. “Your case is unpardonable,” Chief Justice Gulzar Ahmed remarked. “Even an illiterate person could not use such a language,” Justice Ijazul Ahsan said.
The court turned down the apology of the accused.
It is pertinent to mention here that Chief Justice of Pakistan Justice Gulzar Ahmed had taken suo motu notice of a video clip of Mirza Iftikharuddin on June 25 in which he had used derogatory language against the judiciary and judges.
The wife of Justice Qazi Faiz Isa had filed a petition at the Islamabad Police Station Secretariat regarding the video in which she said that a man in the video had threatened to kill her husband Qazi Faiz Isa, a Supreme Court judge.