(SindhTribune) : The Supreme Court has issued a detailed verdict in the case on the petitions filed against Justice Qazi Faiz Issa regarding the presidential reference. The 224-page judgment was written by Chief Justice Umar Ata Bandial.
In the decision, presidential reference number one 2019 has been declared illegal and annulled.
On June 19, a ten-member bench delivered a brief verdict after hearing the constitutional petitions seeking stay of proceedings on the reference filed in the Supreme Judicial Council against Justice Qazi Faiz Issa.
Today, Friday, Justice Umar Ata Bandial wrote in his judgment that Justice Faiz Issa is considered very respected in the legal community. They have been charged. The only way to wash away this stain is for his wife, who lives in the same house with him, to submit all the documents related to her property to the FBR.
The judgment said that the review petitions in the Faizabad sit-in case could not be presented as evidence of malice. There is no legal provision that references against judges should be kept confidential. The reference against Justice Faiz Isa cannot be considered malicious. Reference Faizabad sit-in case is not based on London properties.
In his dissenting note in a written decision, Justice Yahya Afridi declared the reference against Justice Faiz Issa unconstitutional. He said that the President had failed to exercise his discretionary power and therefore the entire process of filing reference had been declared illegal and unconstitutional.
However, Justice Afridi wrote that the independence of the judiciary was not weak enough to be harmed by such complaints.
In June this year, the Supreme Court of Pakistan annulled the presidential reference filed against Justice Qazi Faiz Issa.
The court also annulled the show cause notice sent to Qazi Faiz Issa by the Supreme Judicial Council.
On June 19, the court gave a brief verdict in the case. In the judgment, while approving the petitions of Justice Qazi Faiz Issa and other parties, it was said that the court annulled reference number one 2019 by declaring it illegal.
The decision said that the notice issued to the petitioner on August 17, 2019 is withdrawn. Within seven days of the decision, the Inland Revenue Commissioner himself should issue the relevant notices to the wife and children of Judge Faiz Issa.
The verdict said that in the FBR notices, Justice Qazi Faiz Issa's wife and children were asked about the sources of income of the properties bought in the UK. These notices should be sent to the official residence of Justice Qazi Faiz Issa. A separate notice should be issued for each property.
The wife and children of Justice Qazi Faiz Issa will respond to the relevant details on the FBR notices. The court ordered the FBR to respond with documentary records.
"If any record is said to be from outside Pakistan, it is the responsibility of the people concerned to provide it in a timely manner."
The Commissioner of Income Tax should not adjourn his proceedings at any time.
1 Comments
The way justice Essa and his family has been maligned with only one purpose to stain the reputation Justice Essa enjoys in the society because he did not minced words in Faizabad dharna to hide the facts and to openly telling the people of Pakistan in which direction Pakistan is being taken to by a few individuals belonging to a respectable pillar of the state and creating a state within state. What is most sad is that the highest judiciary did not take a timely action to protect Pakistan and some members fell.
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