Justice Isa case: SC to take up govt’s appeal on Monday

CJ Bandial will conduct in-chamber hearing to withdraw curative review petition

ISLAMABAD:

The Supreme Court has fixed the federal government’s appeal on Monday for the withdrawal of its curative review petition against a court order that accepted the review petitions challenging the court’s June 19, 2020, judgement on the presidential reference against Justice Qazi Faez Isa in which the court had empowered the Federal Board of Revenue (FBR) to conduct an inquiry into the assets of the judge’s family.

Chief Justice of Pakistan Umar Ata Bandial would conduct an in-chamber hearing.

Earlier, the registrar’s office had returned a set of nine curative review petitions on May 25, 2021 filed by the PTI-led government on the grounds that the petitions contained “scandalous language”. The Supreme Court office also observed that a second review petition could not be filed against a decision already given on a review petition. The registrar’s office had highlighted that the curative appeals contained many other deficiencies.

Subsequently, the federal government had lodged an appeal before the Supreme Court against the refusal by the registrar’s office to entertain unheard of legal remedy — curative review petition — in the Justice case.

However, on March 30, the PDM government led by Prime Minister Shehbaz Sharif ordered the withdrawal of the curative review reference as the government decided to not pursue the matter further.

Read Curative review: CJ’s role ‘crucial’ in Justice Isa case

The federal cabinet had already approved the decision.

“The Prime Minister has directed Law Minister Senator Azam Nazeer Tarar to withdraw the curative review reference against Justice Qazi Faiz Isa,” read an official statement issued by the PM's Office.

According to the statement, the premier said Justice Isa and his family were harassed and defamed under the guise of a presidential reference.

“This was not a reference, it was a vengeful action by [ex-PM] Imran Niazi, a vindictive person, against a fair-minded judge who followed the path of the Constitution and the law,” PM Shehbaz said while ordering to take back the case.

He continued that the filing of the reference was “a nefarious conspiracy to divide the independence of the judiciary and divide it”.

The premier pointed out that the PML-N and its allied parties had condemned the “false reference” even during the period when they were in the opposition.

“Imran Niazi misused the constitutional office of president for this criminal act,” PM Shehbaz maintained.

He added that President Arif Alvi had become an instrument in the attack on the judiciary and an accomplice to a lie.

He maintained that the lawyers’ organisations, including the Pakistan Bar Council, had also opposed the reference, saying the government respected their opinion.

The PTI-led federal government on May 23, 2019, had moved the Supreme Judicial Council (SJC) – the forum that can hold superior court judges accountable – against Justice Isa and Sindh High Court judge Justice K K Agha over non-disclosure of their families foreign assets in their wealth statements.

However, in June 2020, the top court had quashed the presidential reference filed against Justice Isa as well as the SJC proceedings that were started on its basis.

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“Reference No 1 of 2019 is declared to be of no legal effect whatsoever and stands quashed, and in consequence thereof the proceedings pending in the SJC against the petitioner [Justice Isa] including the show-cause notice dated 17.07.2019 issued to him stand abated,” read a short order.

A 10-judge full court had issued the verdict after hearing for over six months a slew of petitions filed against the reference that claimed that Justice Isa had committed misconduct by not disclosing his family members’ properties in the UK in his wealth statement.

Interestingly, former premier Imran Khan had admitted in April 2022 that the filing of a presidential reference for the removal of Justice Isa was a “mistake”.