Justice Isa case haunts ARU, FBR officials

The government has decided to take action against heads and officials of the Asset Recovery Unit (ARU) and the Federal Board of Revenue (FBR) for misusing their authority in the Justice Qazi Faez Isa case.

The cabinet has formed a ministerial committee to fix responsibility on the ARU and the FBR heads and officials, who exceeded or misused their authority in the case, and present its recommendations to it in two weeks.

The law and justice minister will be the convener of the body.

Other members include the finance minister, poverty alleviation and social safety minister, communications minister,  IT and telecom minister, federal education and professional training minister, defence production minister, science and technology minister, narcotics control minister and adviser to the prime minister on Kashmir Affairs and Gilgit-Baltistan.

The Law and Justice Division had briefed the cabinet in a recent meeting that  President Arif Alvi had on May 20, 2019 approved and signed a reference against Justice Isa for the Supreme Judicial Council (SJC) under Article 209-5 of the Constitution.

Feeling aggrieved, Justice Isa, the Supreme Court Bar Association (SCBA) and other bar associations as well as members of the civil society had filed constitutional petitions before the Supreme Court.

The apex court, through its short order on June 19, 2020, had declared the reference to be of no legal effect and held that the proceedings before SJC stood abated.

However, in this order, the inland revenue authorities through a majority judgment were ordered to submit a report to the SJC through its secretary on the matter of properties of the spouse and children of the judge.

Hence, Justice Isa and others had filed civil review petitions before the Supreme Court.

The court, through its short order on April 26, 2021, allowed the petitions and the directions contained in paragraph No 4-11 of its order dated July 29, 2020 -- the referral of the matter to the FBR and report thereof -- were recalled.

Later, the respondents including the President Alvi, former premier Imran Khan and the then federal government had decided to file curative review applications against order on april 26, 2021 of the Supreme Court. These applications are still pending adjudication before the top court.

During the discussion, the cabinet members expressed serious concern over the probe by the ARU in a matter over which it had no authority.

The members also demanded that Mirza Shahzad Akbar, the then adviser on accountability, as well as the officials of the ARU and FBR should be held accountable.

It was agreed that a committee be constituted to fix responsibility and present its recommendations to the cabinet.

Alluding to the recent judgment of the Supreme Court on the ruling of the Punjab Assembly deputy speaker on the election for the chief minister, a cabinet member highlighted that the judicial overreach in the domains of parliament and executive contravened the principle of trichotomy, underpinning the very construct of constitutional democracy. The member noted that such transgressions into legislation and policy making must be debated as these undermined the role of other organs of the State. The law and justice minister suggested that the National Assembly speaker could be requested to form a parliamentary committee on the issue for a wholesome debate and recommendations to curb the growing tendency, to which the cabinet members agreed.