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In any other respectable country you would expect president to resign today. This is a big blow for PTI and president started this reference.
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In any other respectable country you would expect president to resign today. This is a big blow for PTI and president started this reference.
<blockquote class="twitter-tweet"><p lang="en" dir="ltr">Short order: <br><br>1. Reference quashed<br>2. Commissioner of inland revenue to send notices to spouse/children of J. Isa regarding the properties in question<br>3. Report to be submitted to SJC, which may initiate suo motu proceedings against J. Isa if appropriate <a href="https://t.co/jtHE6OEaRW">https://t.co/jtHE6OEaRW</a> <a href="https://t.co/AMZGeqOqBV">pic.twitter.com/AMZGeqOqBV</a></p>— Reema Omer (@reema_omer) <a href="https://twitter.com/reema_omer/status/1273949649406177280?ref_src=twsrc%5Etfw">June 19, 2020</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
Those eating rasgullay should know that FBR is under the government and PM has control over it. I hope to God FBR goes through her finances with a fine comb and trump up any small thing found. Mafia ke sath mafia bun kar hi lara ja sakta hai. If nothing is found I hope fake charges are made against the judge. Gloves should come off now buhat hogaya paak saaf naik niyatti
<blockquote class="twitter-tweet"><p lang="en" dir="ltr">Order in Simplest words:<br><br>RESTART of the process.<br><br>Closed all active windows.<br><br>FBR investigate as per income Tax Ordinance.<br>SJC go against judge if the FBR report uneartg something worthy</p>— Yasir Cheema (@Yasirmcheema) <a href="https://twitter.com/Yasirmcheema/status/1273960168804532224?ref_src=twsrc%5Etfw">June 19, 2020</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
Keep dreaming. This government cannot do jack.
Your leader couldn’t even keep Nawaz behind the bars.
Keep dreaming. This government cannot do jack.
Your leader couldn’t even keep Nawaz behind the bars.
Keep dreaming. This government cannot do jack.
Your leader couldn’t even keep Nawaz behind the bars.
ISLAMABAD: The joint opposition on Friday, while welcoming the Supreme Court’s verdict on several petitions pertaining to the Justice Qazi Faez Isa case, demanded that President Arif Alvi and Prime Minister Imran Khan should step down for filing an "unlawful, unconstitutional, and false reference based on pure mala fide intentions."
In a joint statement, PML-N, PPP, Awami National Party, JUI-F, JI, Qaumi Watan Party, National Party (Hasil Khan Bazinjo) said the "truth" about the Asset Recovery Unit (ARU) had been exposed and such instruments of political victimisation and vengeance-driven agenda must be shut down at once.
They alleged that the government tried to twist the arm of the superior judiciary by knowingly filing a false, misleading, and defamatory reference based on mala fide intentions.
The combined opposition congratulated the judiciary over "this great victory" by upholding the law, the Constitution, and its supremacy along with the lawyers and bar councils all across the country and paid them rich tribute for "rejecting and defeating such a fascist mindset". They said lawyers had once again played an exemplary role at a crucial moment in the history of the country, adding that this episode had "exposed" Imran Khan's mindset.
The PPP termed the reference against Justice Isa a conspiracy against the freedom of the judiciary and asked if there would be the accountability of president, prime minister, and law minister following the landmark verdict.
In a statement, PPP leader Dr Nafisa Shah recalled that eight years earlier, on June 18, 2012, the then prime minister Syed Yusuf Raza Gilani was disqualified "as he refused to deviate from the Constitution".
PPP social media and research coordination cell Sehar Kamran also demanded the resignation of President Alvi after the dismissal of the presidential reference against Justice Isa.
“President Dr Arif Alvi has lost the moral obligation to remain in the post and I demand his resignation,” she said.
She said the verdict of the Supreme Court had exposed the ill intentions of the government and exposed the mindset of PM Imran.
The Supreme Court had on Friday dismissed the presidential reference against Justice Isa in the Supreme Judicial Council (SJC) while accepting his petition seeking the reference's dismissal.
The SJC had initiated the proceedings over Justice Isa's alleged non-disclosure in wealth returns of three London properties acquired on lease in the name of his wife and children between 2011 and 2015.
The case was wrapped up after Justice Isa's spouse provided a money trail pertaining to her foreign properties and the Federal Board of Revenue provided its input on the matter.
Justice Isa, in his petition challenging the reference, had requested that the apex court declare that the Asset Recovery Unit formed by the government to look into the properties had no legal standing and therefore the actions taken by the unit with regard to the reference against him and his family are illegal.
The petition had contended that no proper research was ever conducted and the property details gathered were simply the product of online surveillance.
https://www.geo.tv/latest/294041-sc...pposition-calls-for-president-pms-resignation
In any other respectable country you would expect president to resign today. This is a big blow for PTI and president started this reference.
Faiz Isa lawyer saying all of government's demands met and they are thinking about filing a review petition)
A moment of silence for patwaris who ate ras ghullay too early just like Panama case. May Allah give them sabar o tahammul to bear this loss![]()
I am confused, the Nooras were going ape with excitement yesterday. What happened?
As per Pakistani court proceedings order is released in English and then someone translates it to Urdu (or maybe court releases Urdu order later).... So original order was in English and patwaris started celebrating since they couldn't understand it, but when the Urdu order was released the reality began to dawn on them.
I recommend that in future SC should release the Urdu version alongside the English version to prevent premature ras ghullay)
[MENTION=1269]Bewal Express[/MENTION] [MENTION=138254]Syed1[/MENTION]
Salute you both for the effort and time you put in exposing these nooras/patwaris. You guys have extreme patience with these guys. Reading some of these guys posts makes my blood boil. Pareh likhey jaahils.
Keep it up Shero!
I think you didn't read the verdict. The govt asked the crook to provide a money trail, and the court agreed. So why should the President or anyone else resign.
ISLAMABAD: A day after the Supreme Court announced its verdict in the presidential reference against Justice Qazi Faez Isa, the Pakistan Bar Council (PBC) — one of the petitioners — was on Saturday having second thoughts and may file a review petition against a part of the judgement.
Soon after the announcement of the judgement by a ten-judge full court, the PBC had issued a call to observe “Yaum-e-Tashak*kur” on Mon*day (June 22) to celebrate the victory of the cause of the rule of law, the constitutionalism and the independence of the judiciary.
But PBC vice chairman Abid Saqi on Saturday told Dawn that after a threadbare discussion among the members of the council, the PBC had decided to challenge paragraph 9 of the short order which the full court had announced.
“We have strong reservations against that part of the order since we believe it is illogical,” he explained.
Through paragraph 9, the majority judgement consisting of seven judges had ordered the Federal Board of Revenue (FBR) chairman to furnish a report to the Supreme Judicial Council (SJC) secretary, who happens to be the registrar of the Supreme Court.
The report so furnished will consist of details of the proceedings conducted by the commissioner inland revenue after seeking explanation from the wife and children of Justice Isa about the nature and source of the funds for the three properties in the United Kingdom namely No. 40, Oakdale Road, London E11 4DL; No. 90, Adelaide Road, London E10 5NW; and No. 50, Coniston Court, Kendal Street, London W2 2AN.
The secretary would then place the report before SJC chairman who would lay it before the council to consider any action, order or proceedings, if any, in relation to the petitioner judge as the council might determine, the order had stated.
The receipt of the report, the laying of it before the council and the action/proceedings, if any, or orders or directions, if any, as might be taken, would be deemed, for the purposes of Article 209 of the Constitution, to be in exercise of the suo motu jurisdiction, the judgement had explained.
The order had also stated that if within 100 days from the date of this judgement, no report was received by the SJC secretary from the FBR chairman, he would inform the chairman of the council accordingly and might be required to explain why the report had not been sent.
If no reply is received, the secretary will bring such fact to the attention of the SJC chairman who may direct that the matter be placed before the council for consideration or action as the council may determine.
The action/proceedings, if any, would be initiated by the SJC for purposes of Article 209 of the Constitution, in exercise of suo motu, the judgement had explained.
Asked whether the PBC should not wait for the detailed judgement, Mr Saqi replied that the review petition would be filed as soon as possible in view of the time line provided in the judgement otherwise it would be of no use.
Meanwhile, a senior lawyer on condition of anonymity opined that the order to refer the matter to the FBR was correct since it was meant to remove the stigma of misconduct within a certain time period otherwise it would remain dangling over the head of Justice Isa.
The statement recorded by the wife of Justice Isa before the full court explaining the source of funds for the properties suggested that the family had enough documents to prove the point that the wife had the resources to acquire properties in the foreign country, he said.
Besides the wisdom behind the directive was also to establish what the judges of the full court highlighted on a number of occasions during the hearing that the judges were not above the law and amenable to the accountability, the lawyer said.
In the minority judgement, Justice Maqbool Baqar, Justice Syed Mansoor Ali Shah and Justice Yahya Afridi had observed that one of the pivotal constitutional values was independence of judiciary and reiterated that “in our constitutional democracy, neither the petitioner judge, nor any other judge, or any individual or any institution, is above the law”.
The doors of the constitutional forum i.e. the SJC were always open, either on its own motion or for anyone who had a genuine and a bona fide grievance, amenable to the jurisdiction of the council against a judge of the constitutional court, the minority judgement had stated.
At the same time, it was equally important that a judge like any other citizen of Pakistan enjoyed the inalienable constitutional right to be treated in accordance with law, it had said. These fundamental values were to be protected at all cost to uphold the majesty and supremacy of the constitution and to honour the people of Pakistan who had adopted and given to themselves this constitution, the judgement had said.
https://dawn.com/news/3000781/pbc-now-has-misgivings-about-ruling-in-isa-case
I would request PTI cult-members to put their bhangra on hold for now. Your leader cannot do anything. He couldn’t even keep Nawaz behind the bars.
Nothing will happen to Justice Isa and all of this will be forgotten soon.
This seems to be a bhangra competition
When the initial statement came out, one side was doing (a massive) bhangra.
When some more details came out, it was the other side.
Everyone hold your horses.
If hypocrisy had a face-Are you talking about NS? Isn't he the guy that said needed special treatment as the ex PM of PK? What did you mean by special treatment?
Nawaz was evaluated by a team of PTI doctors who declared that he was unstable and needed to be shifted to a hospital.
Now there are two possibilities: the team of doctors appointed by PTI were probably at the same level as the duffers in the government and somehow got tricked by Nawaz.
Or Nawaz was genuinely unwell.
You can pick either of the two options and it will not end well for you.
Furthermore, Imran was so helpless that when Nawaz boarded the plane, he didn’t even care about optics. He didn’t even bother to board on the plane on a stretcher or even a wheelchair which would have made him look unwell. He slapped PTI and its supporters on the face.
Looks like Nawaz took the go Nawaz go slogan too seriously. He is now chilling in London and Imran cannot do anything.
By the way, when will Nawaz return to Pakistan and walk into jail again?
I asked you if what you meant by special treatment? Please explain?
The former PM of Pakistan deserves special treatment. You cannot treat him like a common man.
I despise Imran Khan, but if he is retired and comes to see me, do you think I will make him stand in line along with others? Of course not. He will get VIP treatment because of his status as ex-PM of Pakistan.
What does that mean? You use words that you don't understand, explain.
IK will never need a loser like you. There is nothing, and I mean nothing, supporters of killing journalists and pregnant women, can ever do for him. His special treatment is the love of millions of PK's.
I am just giving you an example. If Imran ever needs treatment from a ‘loser’ like me, I will give him special protocol in terms of not making him wait for his turn or not taking any money from him etc., simply because I will respect his position as the ex-PM.
As far as the love of the millions is concerned, he betrayed the trust of these millions when he benefited from JKT’s black money.
ISLAMABAD: As the Supreme Court commences on Thursday (today) the hearing on the video speech containing derogatory remarks and threats against Justice Qazi Faez Isa and other judges, the Federal Investigation Agency (FIA) on Wednesday furnished an interim report highlighting that Rawal*pindi-based cleric Mirza Iftikharuddin had denied making the speech on anyone’s instigation or direction.
A two-judge bench comprising Chief Justice of Pakistan Gulzar Ahmed and Justice Ijaz-ul-Ahsan will resume the hearing of the case initiated on a suo motu over the viral video containing derogatory, contemptuous and scandalous language against the institution of the judiciary and the judges.
The cleric owned up to the contents of the lecture he gave to over half a dozen faithful on June 14 (a week before the SC decision on the petition of Justice Isa against the filing of presidential reference against him).
In its report furnished through FIA director (law) Malik Tariq Mehmood, the investigation agency stated that Mirza had already deleted the video from YouTube and Facebook. It added that the FIA had also got the custody of Mirza and his accomplice Akbar Ali on physical remand till July 6.
The report explained that the IP addresses used by the accused persons for uploading the video have been traced and the concerned ISPs have been approached to provide the subscribers detail of the internet devices through which IP addresses were accessed. According to the FIA, the operators concerned have also been approached to obtain Character Detection and Recognition (CDR) and subscriber’s details of the SIMs in use of the two suspects to further unearth their probable nexus with other co-accused.
Only a day ago, Mirza submitted an affidavit before the Supreme Court, tendering an unconditional apology for ‘unintentionally’ uttering some words against honourable judges in a ‘private meeting’.
On the basis of the video clip, Justice Isa’s wife on June 24 lodged a case at the Islamabad Secretariat Police Station, complaining that death threats were being hurled at the judge of the Supreme Court.
Meanwhile, the FIA in its report stated that the investigation on the basis of FIR No 3 of 2020 under Section 7 of the Anti-Terrorist Act (ATA) read with sections 34, 500, 505 and 506 of the Pakistan Penal Code (PPC) and Section 20 of the Prevention of Electronic Crime Act (Peca) had been entrusted to a Joint Investigation Team (JIT) comprising Assistant Directors Khurram Saeed Rana, Mohammad Azmat Khan and Adnan Khan of CCRC and FIA’s counterterrorism wing inspector Raja Wajid Hussain.
During the course of investigation, two suspects Mirza and Akbar were arrested from whom an iPhone, a Samsung mobile phone, a Q-Mobile phone, a movie camera and a laptop were recovered and sent for forensic analysis.
The video speech was shown to both suspects and they had been thoroughly interrogated, the report said.
According to the FIA, the cleric claimed to be associated with Imam Bargah Qasre Abbas, Morgah, Rawalpindi. He has owned the contents of the video lecture and stated that his responsibility was to preach Islamic teachings. Besides, he admitted that he had been running ‘Iqra’ channel, a web TV, since 2017 in one of the rooms of his residence. His accomplice Akbar recorded his lectures and uploaded/managed his Youtube channel and Facebook page, the report said.
The FIA said Mirza admitted that on June 14, after Namaz-e-Maghrebain, he addressed six or seven namazis of the locality, where his assistant Akbar and Rasool Shah were also present. Akbar recorded the speech through the movie camera, edited and uploaded it without his consent on Youtube channel having URL: https://www.Youtube.com/channel/UCvUDG19AzcExacicaNqPPJW and Facebook account having URL web.facebook.com/mirza.iftikharuddin?rdc=1&rdr.
Mirza claimed when he came to know about uploading of the video, he immediately asked his aide to delete it. However, Akbar claimed that he became frightened and deleted the video when one of the page followers of Mirza Iftikhar told him that this act amounted to contempt of court.
https://www.dawn.com/news/1566450/fia-files-report-on-video-speech-to-sc-in-isa-case
ISLAMABAD: Cerina Isa, the wife of Justice Qazi Faez Isa, on Friday released the statement she had submitted along with required documents to the Federal Board of Revenue (FBR) a day ago, in compliance with the latter’s notice in an attempt to remove the propaganda against the judge’s family.
She said she continued to face harassment, humiliation and propaganda and expressed the hope that the FBR officials would not allow themselves to be used or bullied as she asked them to apply the same law to Prime Minister Imran Khan, Law Minister Farogh Nasim, former attorney general Anwar Mansoor and Assets Recovery Unit chairman Shahzad Akbar and their families.
“Every day we are told that they [the government] were striving for the ‘Madina ki Riyasat’, therefore I am sure these gentlemen will be only too happy to inform an ordinary taxpaying woman about how much tax they pay and the status of their wives and children’s properties and if not then I may have to ask them questions,” she said.
The copies of her statement were released at the National Press Club (NPC), Islamabad, through her counsel along with annexures regarding the three offshore properties.
She said she had to present the X-ray films before the media to negate the offensive propaganda that she was pretending that she was not well by using a walking stick at the FBR office.
Seeks tax records and property details of PM, law minister, ARU chairman, ex-AG and their families
In reply to Commissioner (IR) AEOI Zulfikar Ahmad, Mrs Isa wondered should FBR not ask Prime Minister Imran Khan why he paid less tax than her and yet somehow managed to buy very expensive properties and lives in a 300-kanal massive mansion.
Should the FBR not ask the PM, ARU chairman, law minister and ex-AG how they “illegally obtained her past income tax records and then disclosed the same”, she questioned.
“I did not want to drag anyone into this but I have had enough of being spied on, abused and harassed for the last year and made to feel like a common criminal,” she stated. “Please do not blame me if all that I ask FBR to provide me copies of the income tax records of the prime minister, Abdul Waheed Dogar (the original complainant), Mirza Shahzad Akbar, Farogh Naseem, Anwar Mansoor, Dr Moh*a*mmad Ashfaq Ahmed, and whether they show the properties of their wives and children in their income tax papers.
“Please provide copies of their returns from when they started paying income tax till now, as they had obtained and disclosed my records, she said adding they should not have objections if FBR treats them similarly.
“I’m sure as dedicated professional you will apply the law with an even hand and not allow yourself to be used or bullied,” she observed.
Mrs Isa said she paid tax of Rs576,540 in 2018 from the taxable income of Rs4 million while for the year 2019 she paid Rs809,970 on the income of Rs5.3 million. It was said she was not receiving FBR notices on June 25, she said, adding that the very day she had lost her father. This false pretext of not receiving the notices was then used to paste notices on the gate of her residence to humiliate her in front of her household staff and everyone in the neighbourhood, she alleged.
She disclosed that when she was in Quetta with her husband, they had not only received threats but also terrorists carried out an attack. “I feared that the next terrorist attack may be successful and I wanted to secure my children’s future,” the statement said, adding she helped them buy two properties in a relatively cheap area on the outskirts of London.
“My son worked in an estate agency and also did some private contractual work,” the statement said, adding her son-in-law was working for the UK Ministry of Justice and her daughter-in-law worked as a financial analyst in London.
“If I wanted to conceal our ownership of properties we could have easily purchased them using a sham offshore company to hide the properties ‘real owners’. If you don’t believe me, please ask Prime Minister Khan and his well experienced coterie as to how they concealed their own ownership properties abroad,” she alleged.
“FBR also asked for the money trail for the properties,” she said, adding she didn’t know what the FBR meant by money trail. “Please explain and identify the provision in the Income Tax Ordinance (ITO) 2001 where money trail is mentioned so that she can understand and answer the question.”
She also enclosed along with her statement to FBR return of income, wealth statement and foreign income and assets statement for the year 2018, 2019, certificate issued by UBL, Sta*ndard Chartered Bank’s certificate in respect of the foreign currency account of December 2019 showing deposits for the year 2003 to 2013 amounting to pounds 671,490 and remittances abroad during the years 2003 to 2013 amounting to pounds 698,002.
Moreover, she also annexed investment position certificate of the National Saving Centre (NSC), different tax deduction certificates issued by NSC, the property registers maintained by the Land Registry showing the date and price of all the three properties, pictures of the envelopes attached to the gate and returning the open original envelopes with notices to her daughter and son.
https://www.dawn.com/news/1568226/justice-isas-wife-makes-public-her-reply-to-fbr
ISLAMABAD: Justice Qazi Faez Isa’s wife, Sarina Isa, on Saturday alleged that since her confidential and legally-protected income tax and bank records were illegally accessed, she also wanted similar information about those who were provided her details.
In a statement, Ms Isa stated that she wanted information about the people who accessed or were provided her confidential information and documents, especially Prime Minister Imran Khan, Law Minister Dr Farogh Nasim, Asset Recovery Unit Chairman Mirza Shahzad Akbar, Dr Mohammad Ashfaq Ahmed and complainant Abdul Waheed Dogar.
“They should not object because they have held or hold public office, while one of them, who is a government servant, complains that my family and I are not tax compliant,” she alleged in the statement.
The statement is annexed with her Aug 28 reply to the notices issued by commissioner (IR) FBR on Aug 21 under Section 122(9) and Section 111(1)(b) of the Income Tax Ordinance (ITO) 2001.
It stated that she was a private person who had never held public office or a position in government and had worked and paid a total of Rs809,970 and Rs576,540 as tax during the last two years.
Says FBR wants her to explain every rupee she earned during last 38 years
Earlier, she issued two similar statements, explaining her position in response to notices issued by the board.
In her reply, she asked the FBR to furnish her income tax returns on which the authority was relying, adding that the board wanted her to reconstruct her life and explain every rupee earned by her since she started working in Karachi American School some 38 years ago.
Highlighting Section 174(3) of the ITO, she recalled that the ordinance did not require an individual to maintain any record for more than six years after the end of the tax year to which they relate.
She argued that she was under no legal obligation to keep providing information to the FBR, but still she did voluntarily.
“Without prejudice to all my constitutional and legal rights, I also do not want to give you a pretext to allege that I did not provide information,” she stated, adding that it had become painfully clear to her that the Federal Board of Revenue intended to pass an alleged unjustified and illegal order since it did not consider to be bound by law.
She alleged that the FBR claimed that she could not have earned and saved enough to justify her purchase of three properties in London — one for £236,000 in the year 2004 and two in 2013 for £245,000 and £270,000, respectively.
Referring to Section 116A of the ordinance which was inserted through the Finance Act 2018, when for the first time foreign income and asset statement was required to be filed, she complied with the new legal requirement and filed her returns and statements with regard to foreign income and assets for the tax year 2018 and again for tax year 2019.
But the FBR has not explained under which provision she was required to disclose the foreign income and assets before the stated amendment.
Likewise, the FBR disregarded her agriculture income by purportedly relying on Section 111 of the ITO and treating it as unexplained income.
The board intentionally disregarded the fact that the proviso to Section 111 of the ordinance accepted income derived from agriculture on which income tax paid under the relevant provincial law was added through the Finance Act 2013, the statement added.
Therefore, the agricultural income cannot be disregarded irrespective of whether the provincial income tax was paid or restricted to adjustment to the extent of such payment.
She said she owned about 278 acres of agricultural land which was run and managed by her late father, who passed away on June 25, 2020.
She said she continued to derive substantial income from her agricultural land, investing some amount in saving certificates issued by the government.
https://www.dawn.com/news/1577091/justice-isas-wife-seeks-income-tax-details-of-pm-others
ISLAMABAD: The Supreme Court held on Friday that President Arif Alvi did not form a considered opinion under Article 209(5) of the Constitution and therefore the presidential reference against Justice Qazi Faez Isa ‘suffered with multiple defects’.
And since there was no valid authorisation for the investigation, the respondents illegally accessed the tax records of Justice Isa, observed Justice Umar Ata Bandial in a 174-page majority judgement he has authored.
Justice Bandial, who headed a 10-judge full court hearing a set of petitions challenging the filing of the presidential reference against Justice Isa, also observed that there was no authorisation for investigating the affairs of Justice Isa by the president and Prime Minister Imran Khan, instead the authorisation of Law Minister Dr Farogh Nasim was obtained.
On June 19, the Supreme Court through a short order had quashed the presidential reference to wash away the stigma of misconduct on Justice Isa over non-declaration of three offshore properties in the name of his wife and children.
The detailed judgement said that the show cause notice to Justice Isa by the Supreme Judicial Council (SJC), except for seeking information about Mrs Isa’s ownership of the undeclared London properties, and the remaining contents of the reference were without foundation.
Accordingly, the narrative in the notice alleging misconduct by the judge and the subsequent direction to him to file a response had lost force and could not be sustained, Justice Bandial observed, adding that the notice could not survive in limbo and must abate.
The judgement also has some flak for the former attorney general (AG) Anwar Mansoor for the strong language in his written rejoinder to the judge’s preliminary response filed before the SJC.
“We would like to record our disapproval of the language used by AG for a judge of the Supreme Court,” Justice Bandial said, adding that since the brazen language was used in the rejoinder and not the reference, it did not form part of the record before the president. As a result, it did not influence the president’s decision to forward the reference to the SJC for inquiry and therefore, being subsequent to the preparation of the reference and its summary, the AG’s remarks could not be said to reveal malice in the filing of the reference, Justice Bandial explained.
He also regretted that former information minister Dr Firdaus Ashiq Awan made contemptuous remarks about Justice Isa in public through a press conference and said an independent contempt proceeding would be initiated against her separately.
About the creation of the Asset Recovery Unit (ARU), the majority judgement declared that there was neither any fatal defect in the creation of the ARU nor was there any unlawfulness in the appointment of Mirza Shahzad Akbar as the special assistant to the prime minister on accountability.
On the covert surveillance of the judges, the majority judgement said the counsel for Justice Isa failed to produce any evidence to demonstrate that either (activities of) his client or his family had been monitored or their communications intercepted.
The judgement however explained that though it was correct to hold that there had been unlawful surveillance and a violation of Article 14(1) of the Constitution in the Benazir Bhutto case, giving the same ruling on the facts of the present case would amount to stretching beyond its ambit.
Finding holes in the reference, Justice Bandial also observed that no notice was issued to Mrs Isa as required under Section 116(1) of the Income Tax Ordinance (ITO) before the filing of the reference and Justice Isa was presumed to be under the obligation to declare the assets of his independent wife and adult children on the basis of an unsettled and disputed interpretation of Section 116(1)(b) of the ITO.
There was neither any evidence nor the nomination of a predicate offence in the reference to support the allegation of money laundering against the judge, Justice Bandial observed, adding that there was also no evidence that the petitioner had violated the regime under the Foreign Exchange Regulation Act.
Justice Bandial observed that the president had received inadmissible advice from the then AG and the law minister — the chief architects of the reference — on the strengths and weaknesses of the reference.
The president did not get considered, fair and objective advice from a third party on the questions of law noted in the reference and also failed to notice various legal and procedural defects in the reference, the judgement explained.
These illegal acts of the respondents (government) depicted their utter disregard of the law as filing of the reference under Article 209 of the Constitution that was signed by the president and which presented a charge sheet against the judge was a matter requiring utmost prudence and caution by its framers, Justice Bandial noted.
In the present case the actions of the respondents violated not only the express provisions of the constitution, the Rules of Business 1973, ITO and Anti Money Laundering Act but also ignored the law laid down in the 2010 Chief Justice Iftikhar Muhammad Chaudhry case, which specifically set out certain safeguards to protect Superior Court Judges from arbitrary actions of the executive, the judgement said.
Therefore, in essence, the respondents had paid scant attention to the mandate of the relevant laws governing the field of presidential references, Justice Bandial observed. Under these circumstances, the errors committed by them in the preparation and framing of the reference could not be termed as mere illegalities, instead, in the context of Article 209 their errors amounted to a “wanton disregard of the law”, he regretted.
Being arbitrary and illegal, these acts had ceased to be actions contemplated by any of the applicable laws such as the constitution and the ITO and thus, as a result, although the preparation and framing of the reference was not patently motivated with malice, the scale and degree of the illegalities were such that the reference was deemed to be tainted with mala fide in law and therefore quashed, the judgement noted.
It also explained why the June 19 short order had ordered the Federal Board of Revenue chairman to submit his report about the proceedings before the commissioner (inland revenue) to the SJC for its consideration. This was done to give the SJC the chance, if so wished, to commence proceedings against Justice Isa in exercise of its suo motu jurisdiction.
However, Justice Bandial reiterated that the short order merely issued a direction to the FBR chairman and in no way obliged the SJC to take any action based on the report.
The SJC may do so of its own volition if it considers that the report justifies any action against the petitioner judge but it may also file the report if it finds that the same contains no substance/merit.
Justice Bandial observed that the SJC was the only constitutional body which could examine the conduct of a superior court judge and the earlier direction for disclosure of the findings and the record of the verification proceedings by the FBR to the council acknowledged the latter’s exclusive jurisdiction in this matter.
Consequently, he said, the FBR chairman’s report was a piece of information to be evaluated by the SJC in its suo motu jurisdiction and at the same time the short order had preserved the rights of the affected taxpayers, Mrs Isa and her children, under the ITO. This includes the right to appeal against the decision of the commissioner or against any other adverse order passed at the appellate stage.
“To our minds, the two directions, namely, the filing of the report by the chairman FBR before the SJC and the protection of the affected persons right to appeal, issued by the court were necessary in the interests of justice,” the majority judgement said.
The jurisdiction of the FBR was concerned with taxing income whereas the jurisdiction of the SJC was related only with the misconduct of the judge, it said. Therefore, the proceedings and/or the outcome before one forum do not affect those of the other forum.
However, the SJC may, if so inclined in the exercise of its suo motu jurisdiction conferred by the constitution, take into consideration any proceedings before the tax authorities or orders passed by them.
Justice Bandial also explained that the short order’s direction to refer the matter to the FBR was primarily based on two grounds: to establish that judges of the superior court were answerable for allegations casting aspersions not only on their personal integrity but also on the integrity of the institution and to honour the petitioner’s plea that the allegation of absence of source of funds and money laundering must be first put to Mrs Isa who was an independent taxpayer.
Published in Dawn, October 24th, 2020
Hoping to see justice isa become Chief justice and than take his revenge against imran.
If there is one person who should be taking revenge, its this guy. He has earned it.
He and his wife slapped the money trails to the faces of the govr.
If justice isa takes his revenge i will fully support this guy
Hoping to see justice isa become Chief justice and than take his revenge against imran.
If there is one person who should be taking revenge, its this guy. He has earned it.
He and his wife slapped the money trails to the faces of the govr.
If justice isa takes his revenge i will fully support this guy
[MENTION=1269]Bewal Express[/MENTION]
What do you have to say about this now? Another day, another humiliation for Imran.
Isa is a honest person, don’t think he will do anything that is outside the law. Isa is a problem for establishment, not for IK. He will make sure the missing person cases are resolved and those responsible will be accountable. He will take action against extra judicial killings.
He will become the CJ InshAllah and that will be end of the fake messiah’s political career.
Judicial Commission of Pakistan rejects by 5-4 the five nominees put forward by CJP Umar Ata Bandial for elevation to the Supreme Court - all nine members participated in the meeting including Attorney General Ashtar Ausaf Ali and Justice Qazi Faez Isa who both attended online