Govt move to open new front against Justice Qazi Faez Isa failed
The government move to open a new front against Justice Qazi Faez Isa failed Wednesday by filing the fresh applications by President Arif Alvi to review the SC decision in an earlier presidential reference against the Apex Court’s judge, reported 24News HD TV channel.
The Supreme Court registrar office returned the application and objected that two review petitions could not be entertained in the same case.
Earlier on Wednesday, President Dr Arif Alvi had moved to the Supreme Court in connection with the reference against the apex court judge, Justice Qazi Faez Isa.
President Alvi had submitted a constitutional petition pleading for the hearing of the pleas afresh. He had moved the application exercising his suo motu powers. The 70-page application has made Justice Qazi Faez Isa the respondent.
In the application, President Alvi argued that despite the decision on the review petition the hearing can still be held under the suo motu powers.
Other than the president, the prime minister and law minister had also submitted the applications against Qazi Isa. FBR and PM’s advisor Shehzad Akbar had also submitted the fresh applications against Justice Qazi Faez Isa.
Justice Qazi Faez Isa was the subject of a presidential reference that alleged he had acquired three properties in London on lease in the name of his wife and children between 2011 and 2015 but did not disclose them in his wealth returns. Justice Isa contested the allegation, saying he was not a beneficial owner of the flats — either directly or indirectly.
In June 2020, the Supreme Court threw out the reference, terming it “invalid”. "[The reference] is declared to be of no legal effect whatsoever and stands quashed," read the majority (9-1) short verdict on a petition filed by Justice Isa and others seeking the reference's dismissal.
However, seven of the 10 judges on the bench hearing the case ordered the Inland Revenue Department and the Federal Board of Revenue (FBR) to seek explanations from the judge's wife and children on the nature and source of funding for three properties in their names in the United Kingdom and submit a report to the SC registrar.
Justice Isa then approached the apex court, seeking a review of the decision. Bar associations, including the Sindh High Court Bar Association, also filed similar petitions.
A seven-judge bench was constituted by the apex court to hear the petitions but four premier bar associations of the country challenged it in a joint one-page application and requested that the matter be placed before the CJP to form a larger bench comprising all the judges who had decided the constitutional petitions against the filing of the reference.
On February 24 last, a 10-judge bench was constituted to hear the set of review petitions.