Govt files appeal against SC registrar’s office decision

Objections were raised on plea against top court’s order in Justice Isa case

ISLAMABAD:

The federal government has filed an appeal in chamber against the Supreme Court registrar office’s objections on its curative review petition against the court’s April 26 order in Justice Qazi Faez Isa case.

The short order passed by the apex court’s majority judges on April 26 quashed the Federal Board of Revenue’s (FBR) proceedings against the judge and its report on the matter.

Earlier, the Supreme Court registrar’s office, while returning the curative review, had raised seven objections.

The registrar’s office said there was no provision of filing a curative review in the Supreme Court Rules, 1980.

Read more: Govt seeks support against Isa

Now, an appeal in chamber has been filed by the law ministry rather than the Attorney General for Pakistan’s (AGP) office.

The government contended that the registrar could not decide the maintainability of curative review petition.

The detailed judgment of the case is still awaited.

The government also waited for the detailed judgment regarding acceptance of Justice Isa and others’ review petitions against the June 19 order wherein the FBR was directed to conduct an inquiry into the assets of the judge’s family members and submit a report to the Supreme Judicial Council (SJC).

Interestingly, a copy of curative review or appeal in chamber is not available in the AGP office.

One section of the officials is of the view that the government should not take any step related to Justice Isa to end the tensions with the judiciary.

However, another section, which is dominant in the PTI government, believes that the survival of Justice Isa might affect the ruling party's political interests in the future.

Also read: Sarina Isa challenges PM to a debate

Likewise, they also believe that the government should do preemptive strike by filing a second review to respond to any coercive observation in the detailed judgment.

Legal experts believe that without the support of the judiciary, the government’s every effort aimed at removing Justice Isa before he becomes the chief justice would be met with failure.

They say that there is realisation in the judiciary that the unceremonious removal of Justice Isa would pave the way for ‘powerful circles’ to oust any judge who is not in their 'good books' in the future.

Despite the law ministry’s efforts, the government is unable to muster superior bars’ support against Justice Isa. Even the Lahore High Court Bar Association president has expressed full solidarity with the judge.

It has also been learnt that Prime Minister Imran Khan had not appointed a permanent law secretary despite the law ministry sending a summary for this purpose.

A senior official told The Express Tribune that if the apex court majority judgment passed coercive observations against the incumbent law minister, then he would be asked to resign.

He added that no permanent law secretary would be appointed until the issuance of the detailed judgment.