A ten-judge full bench of the Supreme Court led by Justice Bandial announced the reserved verdict after hearing arguments of both sides in petitions challenging Presidential Reference against Justice Qazi Faez Isa.
ISLAMABAD: (UrduPoint/Pakistan Point News-June 19th, 2020) The Supreme Court declared null and void a presidential reference against removal of Justice Qazi Faez Isa here on Friday.
The verdict is being termed as the major victory of the judiciary in the country. A ten-member full bench headed by Justice Umar Ata Bandial announced the verdict and set aside the presidential reference against Justice Qazi Faez Isa.
The government had moved earlier Presidential Reference against Justice Isa last year in May, accusing him of acquiring three properties in London on lease in the name of his wife and children during the period from 2011 to 2015. The government said that Justice Isa did not disclose the assets allegedly owned y him in London.
A senior court reporter tweeted: " Supreme Court unanimously quashed presidential reference against Justice Isa. 7 judges referred matter to FBR for tax proceedings against his wife & children. However. 3 judges Justice Baqar, Justice Mansoor & Justice Yahya did not endorse majority view to refer matter to FBR,".
Justice Isa contested the allegations, saying that he was not a beneficial owner of the flats. He neither owned the property directly nor indirectly.
Justice Isa had pleaded the top court that the objective was only his removal from the constitutional office. He said that President Arif Alvi did not form his own independent opinion before the filing of the reference against him.
He also told the court that the Prime Minister, Law Minister and the then attorney general misinterpreted Section 116 (b) of the Income Tax Ordinance, 2001 and mistakenly applied it to his wife and children. He argued that the said law was only applicable to dependent wife and the dependent children who were minor.
Justice Isa also submitted that state agencies including FIA secretly obtained information about him and his family and committed violation of Articles 4 and 14 of the Constitution. He said neither his family and nor he were given any chance to respond to any purported discrepancy.
He asked the top court to declare that Asset Recovery Unit (ARU) formed by the government to probe 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 were thereby illegal and of no legal effect.
Earlier, A ten-judge full bench led by Justice Umar Ata Bandia observed that the wife of Justice Isa had brought all the documents about the properties on record and the government would verify them.
During the proceedings, Justice Bandial also asked the question that whether the reference should be completely dismissed.
“This question is very important for the bench as bar councils and bar associations have full faith in the judiciary,” he further remarked.
Yesterday, Sarina Isa through a video link presented before the court the evidence of funds used to purchase the three offshore properties whose money trail was the ground and base for the presidential reference filed against her husband.
The lawyers bodies expressed pleasure over the verdict and termed it victory for the rule of law and justice system in the country.
