Fawad picks fault with Justice Isa case verdict

Minister says judiciary needs to introspect its ‘fast declining’ ranking

ISLAMABAD:

Federal Information Minister Fawad Chaudhry on Sunday criticised the detailed judgement pertaining to the review petitions filed in Justice Qazi Faez Isa case, saying that Law Minister Dr Farogh Naseem’s question was valid that if a judge could not be held responsible for the assets of their spouse and children then how was it possible to hold bureaucrats and politicians accountable. In a tweet, the minister said the judiciary needed introspection in the light of its "fast declining" ranking at the global level.

"The new chief justice will have to face this challenge after he takes the oath," Fawad claimed.
In its judgement released on Saturday, the SC had noted that noted that if officers of the federal or provincial governments were allowed to file complaints concerning or emanating from their official actions against the judges of the constitutional courts who, in exercise of their constitutional jurisdiction, make judicial review of official actions and inactions of such officers, there would be “disastrous consequences” for the independence of judiciary.

“This crucial aspect could not be noticed at the time of making the impugned directions, and it vitiates that direction of the Court being against the very fundamental right of the public for which enforcement this Court entertained the constitution petitions in the present matter, ie, the independence of judiciary," read a 45-page detailed majority judgment in the review petitions of the Justice Qazi Faez Isa and his wife and others. The verdict was authored by Justice Maqbool Baqar, Justice Mazhar Alam Miankhel, Justice Syed Mansoor Ali Shah and Justice Aminuddin Khan.

فروغ نسیم کا سوال اہم ہے کہ اگر جج صاحبان اپنے بیوی بچوں کے اثاثوں کے ذمہ دار نہیں تو پھر سیاستدانوں اور بیوروکریٹس کا احتساب کیسے ممکن ہے؟ عدلیہ کو عالمی رینکنگز میں اپنی تیزی سے گرتی ساکھ کا جائزہ لینے کی ضرورت ہے نئے چیف جسٹس جب حلف لیں گے تو انھیں اس چیلنج کا سامنا ہو گا

— Ch Fawad Hussain (@fawadchaudhry) January 30, 2022

The judgment had accepted the review petitions of Justice Isa and his wife with a majority decision of 6:4 against the June 19 order, wherein the Federal Board of Revenue (FBR) was directed to conduct an inquiry into the foreign properties of the SC judge and his family members. The top court had conceded that its decision to have the FBR conduct the inquiry was a mistake.

It had noted that Justice Qazi Faez Isa’s wife, Serena Isa, was not given a “fair and meaningful hearing” and the bench felt constrained to observe that she could not be deprived of her constitutional right to deal with in accordance with law merely because she was the spouse of a judge. The detailed judgment also read that the Supreme Court had observed that judges must obviate any attempt to damage the judiciary now.

The court had noted: "This judgment must announce loud and clear that no one, including a Judge of the highest court in the land, is above the law. At the same time, no one, including a Judge of the highest court in the land, can be denied his right to be dealt with in accordance with law. Every citizen of Pakistan, notwithstanding his status or position, is entitled to due process of law in any action detrimental to his life, liberty, body, reputation or property under Article 4 of the Constitution and safeguarding of his fundamental rights guaranteed under Articles 9 to 28 of the Constitution.”