Bars all set to challenge SC’s Isa case verdict

Salman Akram Raja, ex-IHC CJ Sardar Aslam to represent PBC in the case

ISLAMABAD:

The country’s superior bars have decided to challenge the apex court decision to refer Justice Qazi Faez Isa’s case to the Federal Board of Revenue (FBR) and will file an appeal against the order this week before July 19.

A 10-judge full court on June 20 quashed a presidential reference that claimed that Justice Isa had committed a misconduct by not disclosing his family members' foreign properties in his wealth statement and sought his removal.

In the split order, seven of the judges had, however, referred the matter to the FBR with the instruction to carry out an inquiry into Justice Isa’s family members' foreign assets.

The short order also asked the FBR chairman to present a report on basis of the inquiry to the Supreme Judicial Council (SJC), the only constitutional forum that can hold a judge accountable, and the SJC, according to some legal expert, could revive the reference and initiate proceedings against Justice Isa.

Pakistan Bar Council (PBC) Vice Chairman Abid Saqi told The Express Tribune that he has instructed famous counsel Salman Akram Raja to prepare draft of a review petition against the Supreme Court’s June 20 short order.

“The review will be filed next week. Raja and the Islamabad High Court (IHC) former chief justice Sardar Aslam are representing the PBC in this case,” he said.

The PBC vice chairman expressed serious reservations over para 9 of the short order wherein FBR is ordered to submit an inquiry report to the SJC.

Saqi said despite quashing of the presidential reference, independence of judiciary is at stake.

"Different tactics are being used by the establishment to manipulate the inquiry being conducted by the FBR in Justice Isa case,” he added.

He said the state institutions might influence the FBR proceedings. “When the full court could not clear an SC judge of allegations, how a grade-20 officer would work independently without fear and favour.”

Senior lawyer Hamid Khan also confirmed that a review petition would be filed by the Supreme Court Bar Association (SCBA), the Punjab Bar Council (PBC) and the Balochistan Bar Council (BBC).
According to sources, Justice Isa's legal team is also interested to move a review petition. Under the Supreme Court Rules 1980, a review petition can be filed in this case till July 19 – within one-month after announcement of the verdict.

A senior lawyer Irfan Qadir said the order of majority judges has given another opportunity to the federal government to collect further evidence against Justice Isa.

Qadir said that the court had kept alive the reference against the SC judge. Interestingly, the short order does not give a clue as to why the presidential reference is quashed and on what grounds the constitutional petitions are allowed.

Senior lawyers are hopeful that the detailed judgment would give solid reasons in this regard. They believe that consequences of the detailed judgment might be far-reaching.

The short order started by saying: “For detailed reasons to be recorded later and subject to any orders made or directions given therein (if any), these petitions are allowed and disposed of.”
In view of these lines, declaration might be expected against the government functionaries on the basis of reasons, which would be given in the detailed judgment. At present, the government functionaries and the security establishment are apparently satisfied with the short order for different reasons.

Firstly, despite quashing of the presidential reference, the matter is not yet over. Similarly, the order is silent on the consequences. In view of the short order, the court could not create deterrence against the executive’s attack on independent judges. A senior lawyer was surprised that the majority order was against those who were not a party before the apex court.

He wondered how the SC could pass direction against Justice Isa’s spouse and his children.
The order said notices shall be served at the official residence of Justice Isa in Islamabad through courier service and such other means as may be considered appropriate and shall be deemed served on the respondents (spouse and children) when received at the said address.