Review petitions: 'Embittered' Justice Isa for live broadcast of proceedings

ISLAMABAD: Justice Qazi Faez Isa has prayed that the hearing of the review petitions against the Supreme Court judgment on the Presidential Reference against him be broadcast live on television because the official respondents disclosed confidential matters affecting him and his family.

The apex court on Friday filed additional grounds to his review petition and raised 60 objections on the majority (seven-judge) judgment. Justice Faez submitted that the Federal Board of Revenue (FBR) could not be directed to issue the petitioner's wife and children notices and that too by an Islamabad commissioner of FBR.

He also submitted to following: "Zulfiqar Ahmad, an Islamabad Commissioner of FBR, did not disclose who had selected/chosen/appointed him, conferred jurisdiction on him in respect of the petitioner's wife and children and assigned/delegated him the task; he neither produced the order/notification nor referred to it. Instead, he referred to the said Order, which had neither selected/chosen/appointed him, conferred on him jurisdiction nor assigned/delegated him the task. Zulfiqar Ahmad who issued the said notices and then passed his order against the petitioner's wife did so without having jurisdiction, which the petitioner's wife has detailed in her Review Application.

"Zulfiqar Ahmad, the FBR Commissioner, had already expressed an adverse opinion against the petitioner and his wife before the filing of the Reference which had relied on the earlier unauthorised probe into the petitioner and his wife's taxes, analysed them, gave a finding/decision and/or formed an opinion against them. Therefore, he was disqualified; it could not be expected that he form a different opinion from his earlier opinion.

"The FBR was directed to proceed against the petitioner's wife and children and on conclusion of the matter the FBR Chairman was directed to send a 'report' to the Supreme Judicial Council ('the Council'). Neither the said Order not its detailed Reasons say that such 'report' had to be in terms of the Commissioner's decision. It is on the basis of the said 'report' the Council can proceed against the petitioner. The petitioner was not a party to the proceedings before the FBR and his wife not one before the Council; a complete disconnect. The petitioner's wife may appeal the Commissioner's order but the petitioner who may also be adversely affected, cannot.

"The FBR report which was to be submitted by the Chairman to the Council was/is prepared by a temporarily appointed Chairman holding additional charge such charge which mirrors the timeline to get desired results. The said Chairman Muhammad Javed Ghani, was appointed on 7th July 2020 after Nausheen Amjad was removed from the position of Chairman having served for only 4th months. He submitted that the official respondents may continue their mischief and persecute the petitioner and his wife because the said Order and its detailed Reasons, undoubtedly without realising, have enabled and empowered them to do so and because they were not made accountable for their earlier mala fides and malice, which are further reasons meriting review thereof.

"It has become patently clear the working of the FBR subverted and controlled to advance the stated agenda of removing the petitioner from his constitutional office."

The apex court judge also said his wife and he "are the only two persons in the entire world to be affected by the FBR Chairman's 'report' but his wife was denied a copy. The FBR Chairman has also not provided a copy of his 'report' to him as well. However, its copy has been provided to the media."

He stated that the Ordinance does not grant power to the Supreme Court, power to direct FBR to whom to issue notices, let alone issue them to particular individuals. The Supreme Court can also neither change nor direct FBR to change the methodology stipulated in the Ordinance. The said Order and its detailed Reasons, with utmost respect, has undermined the independent status of FBR, has also curtailed its independence, and placed the officers of the FBR in an impossible position.

Copyright Business Recorder, 2020