Staff Reporter
Islamabad
The Supreme Court on Friday threw out the presidential reference against Justice Qazi Faez Isa, terming it “invalid”.
“[The reference] is declared to be of no legal effect whatsoever and stands quashed,” read the judgement.
The top court, accepting Justice 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 to Justice Isa in July of last year for “writing letters to President Arif Alvi” after the presidential reference was filed against him.
The judgement was announced by Justice Umar Ata Bandial, who was heading the 10-judge bench hearing the case.
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.
The commissioner will complete the investigation within 60 days and issue an order within 15 days of the investigation’s conclusion. The Federal Board of Revenue has also been directed to submit a report to the SC registrar within seven days of the commissioner’s order. The registrar will then present the report to the Chairman of the SJC (the chief justice of Pakistan) who will decide when to present it in the council. Three of the 10 judges wrote additional notes. Justice Maqbool Baqir and Justice Mansoor Ali Shah wrote in the judgement that “one of the pivotal Constitutional values” is that the judiciary’s independence be fully secured. However, they added that neither the petitioner judge nor any other judge, individual or institution were above the law.
Justice Yahya Afridi, however, wrote that he found the petition “non-maintable”.
Munir A Malik, counsel for Justice Isa, while speaking to the media outside the SC said that “all of their arguments were accepted by the court including malafide intention, prematurity and lack of evidence”.
“The Assets Recovery Unit cannot be accepted as a legal department as it was not constituted on legal grounds,” he added. President of the Supreme Court Bar Association, in a statement “highly appreciated” the top court’s verdict and commended it for “its courageous demonstration guarding its independence [and] thus upholding the prime objective of the rule of law and supremacy of the Constitution”.
‘President did not form independent opinion before filing reference’
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.
