ISLAMABAD, April 26 (Online): Supreme Court (SC) has accepted Justice Qazi Faez Isa review petition by the majority of 6-4.
A10-member SC bench presided over by Justice Umar Ata Bandial announced the decision by 6-4 majority.
SC has maintained in its decision that the apex court has already announced as nullified the government reference against Justice Qazi Faez Isa.
Now no report evolved by FBR will be used against Justice Qazi Faez Isa in review case nor Supreme Judicial Council (SJC), FBR or government will be able to take any action against Justice Qazi Faez Isa on the basis of this report. Justice Qazi Faez Isa will continue to discharge his duties as SC judge.
In this 6-4 decision Justice Maqbool Baqir, Justice Manzoor Ahmad Malik, Justice Yahya Afridi, Justice Mazhar Alam Mian Khel, Justice Mansoor Ali Shah and Justice Amin ud Din Khan were among those who gave majority decision. While Justice Umar Atar Bandial, Justice Sajjad Ali Shah, Justice Munib Akhtar and Justice Qazi Amin differed with the judgment.
10-member bench of SC presided over by Justice Umar Ata Bandial took up the case for hearing Monday.
The counsel for federation argued federal government is party to this case. The court had issued notice to federal government and sought reply. The federal government did not go for review due to nullification of presidential reference. The court had set aside the reference for showing carelessness in legal points. The court had remarked reference was filed without giving opportunity to Sarina Isa to explain her position. Had court not sent the case to FBR then federal government would have filed review petition. The government is right in defending the act of sending the case to FBR. The court decision in Justice Qazi Faez Isa case has been implemented. The decision cannot be withdrawn after its implementation. SJC can not be stopped from reviewing any material. SJC proceedings cannot be challenged under article 211. SC cannot interfere in the work of SJC. It is my stance from the very first day that court issued no direction to SJC. SC can interfere in SJC in extraordinary situation.
He argued Iftikhar Chaudhry was suspended as Chief Justice of Pakistan (CJP).The facts of Justice Qazi Faez Isa are different from Iftikhar Chaudhry case. Justice Qazi Faez Isa is declaring the proceedings of the FBR malafide and making it base of the review petition. The documents are base of review petition. It is my right to give arguments upon them. I am giving replies to court’s decision and it is being said I am wasting the time. The documents which are being referred to by me, these words are not FBR report. The SC is entitled to ask questions under rules. SC can seek affidavit to scrutinize certain facts. The court had sought answers to three questions from me. The three questions of the SC are the basis of the case. If Justice Qazi Faez Isa gives reply then the dispute can be resolved.
He argued the independence of the judiciary is linked to accountability of the judges. Off shore properties case of family members of a judge came to fore. Reference was nullified. But the dispute still persists. It is essential that the dispute comes to end for the sake of restoration of public confidence. SJC is proper forum for resolving this conflict.. The court gave no direction to SJC in its decision. FBR did nothing being the case in SC. This is also being assumed that FBR will launch no proceedings. No mistake could be pointed out in court’s decision. No order of SC influenced FBR.
The counsel for Bar Council Hamid Khan gave arguments. He said FBR report is of interim nature and appeals against FBR report can be filed at proper forum.