ISLAMABAD: The Supreme Court (SC) has granted the petition of Justice Faez Isa seeking annulment of his reference.
A ten-member full-court headed by Justice Umar Ata Bandial heard the case of Justice Qazi Faez Isa in the Supreme Court. After concluding the arguments of the case, the court reserved the verdict and after a hiatus, the Chief Justice of the full court, Justice Umar Ata Bandial, while delivering a brief verdict, quashed the presidential reference against Justice Faez Isa. The show-cause notice issued to him was also declared null and void. A detailed decision in the case will be issued later.
The court in its summary judgment said that 7 out of 10 judges have ordered to send the tax matters of Justice Faez Isa’s wife to the FBR. According to the decision, the FBR should issue a notice to the wife within 7 days. BR notices should be sent to the official residence of the judge, separate notices should be issued for each property, FBR officials should decide and inform the Registrar of the Supreme Court, Chairman FBR himself should sign the report and submit it to the Registrar. The FBR officials will not even adjourn the matter. If action is taken by the law, the Judicial Council will be authorized to take action.
Earlier in the hearing, Justice Faez Isa’s counsel Munir A. Malik, Supreme Court Bar counsel Hamid Khan, KP Bar Council counsel Iftikhar Gilani and Sindh Bar Council counsel Raza Rabbani completed their arguments while Justice Faez Isa completed his arguments. Submitted documents related to the money trail and the wife of Justice Faez Isa also submitted copies of agricultural land and passport.
Federal lawyer Forough Naseem submitted the tax document of the judge’s wife in a sealed envelope on behalf of the Federal Board of Revenue (FBR). Justice Omar Ata Bandial, who presided over the bench, remarked that the court would not review the envelope nor issue any order on it. The wife of the esteemed judge has left all the documents on record, the government should confirm it.
Munir A. Malik, counsel for the petitioner, took the position that in the Iftikhar Chaudhry case, there were allegations of malice against the Supreme Judicial Council. It is expected that I will not have to talk about the malice of the Judicial Council. He said that Forough Naseem said that his real case is not what is in the reference, I do not understand what is the real case of the government, it was said that Justice Faez Isa delayed coming to the Supreme Court, unfortunately, Forough Naseem has boarded the wrong bus.
Munir A. Malik said that instead of the government going to the FBR, the Supreme Judicial Council came. The FBR should do its job. We have never obstructed it. Justice Faez Isa Issa challenged the reference for the honor of himself and the judiciary. There is a difference between the order of the Supreme Court Judicial Council and the show-cause notice.
Justice Faez Isa’s lawyer argued that the Supreme Judicial Council cannot review the conduct and malice of the President, the job of the Supreme Judicial Council is only to determine the facts, Justice Maqbool Baqir said that after the show-cause notice The question of constitutional protection is very important to the Council.
Munir A. Malik, counsel for Justice Faez Isa, in his reply, said that it was alleged that Justice Qazi Faiz Issa deliberately hid the properties while the judicial committee said that the law was ambiguous regarding disclosure of foreign assets. Munir A. Malik said that Justice Faez Isa never attributed his wife’s property to himself. In election and NAB laws, the husband is responsible for his wife’s assets.