SC reserves verdict on govt’s appeal

AGP Awan says 'no room for curative review' in Constitution

ISLAMABAD:

 

Chief Justice of Pakistan Umar Ata Bandial on Monday reserved his decision on the government's appeal through which it sought the withdrawal of the curative review reference filed against Justice Qazi Faez Isa by the ousted Pakistan Tehreek-e-Insaf (PTI) government.

The appeal seeks to withdraw its curative review petition against a court order that accepted the review petitions challenging the court’s June 19, 2020, judgment on the presidential reference 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.

Earlier, the registrar’s office (RO) 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 SC office also observed that a second review petition could not be filed against a decision already given on a review petition. The RO had highlighted that the curative appeals contained many other deficiencies.

Subsequently, the federal government had lodged an appeal before the SC against the refusal by the RO to entertain unheard of legal remedy — curative review petition — in the Justice Isa 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

Speaking to journalists after CJ Bandial completed the in-chamber hearing, Attorney General for Pakistan (AGP) Mansoor Awan revealed that the government has submitted that "in our Constitution, there is no room for a second review or curative review".

"In India, a second review was filed after a court judgment which was decided in 2002 following which the Supreme Court of India amended its rules and created a provision for curative review, pursuant to that judgment" he explained.

"That amendment was followed by judicial proceedings," he said, "whereas in this case there was an objection on the administrative side by the RO, against which there exists a remedy in the rules".

"At that time (when the reference was filled) the government did not avail that remedy, [but] this government is no longer interested in availing the remedy, it seeks to withdraw that appeal," said AGP Awan.

"If the withdrawal order goes through then the consequence will be that the office order will be sustained, and that will be the end of it."

He did not reveal further details about the proceedings, however.

Read more Reference against judges: Not a viable option

The AGP also declined to comment on a journalist's question about the maintainability of a reference against a CJ according to the constitution.

It may be noted here that earlier this month, the country’s top security czar had said the incumbent coalition government may file references against the three SC judges including CJP Bandial who heard and decided on the plea against the postponement of polls in Punjab and Khyber-Pakhtunkhwa (K-P).

“The possibility of filing references against the judges cannot be ruled out,” Federal Minister for Interior Rana Sanaullah had said while talking to Express News’ anchor Rehman Azhar.