AIRLINK 72.70 Decreased By ▼ -1.40 (-1.89%)
BOP 5.05 Increased By ▲ 0.05 (1%)
CNERGY 4.44 Increased By ▲ 0.10 (2.3%)
DFML 29.98 Increased By ▲ 0.44 (1.49%)
DGKC 84.35 Increased By ▲ 0.80 (0.96%)
FCCL 22.40 Decreased By ▼ -0.03 (-0.13%)
FFBL 34.40 Decreased By ▼ -0.50 (-1.43%)
FFL 10.20 Increased By ▲ 0.33 (3.34%)
GGL 10.27 Increased By ▲ 0.27 (2.7%)
HBL 112.90 Increased By ▲ 0.90 (0.8%)
HUBC 141.20 Increased By ▲ 3.51 (2.55%)
HUMNL 8.03 Increased By ▲ 1.05 (15.04%)
KEL 4.49 Increased By ▲ 0.09 (2.05%)
KOSM 4.53 Decreased By ▼ -0.06 (-1.31%)
MLCF 38.65 Increased By ▲ 0.10 (0.26%)
OGDC 134.94 Decreased By ▼ -1.66 (-1.22%)
PAEL 26.80 Increased By ▲ 1.66 (6.6%)
PIAA 26.12 Decreased By ▼ -0.39 (-1.47%)
PIBTL 6.55 Decreased By ▼ -0.10 (-1.5%)
PPL 122.35 Decreased By ▼ -3.05 (-2.43%)
PRL 28.35 Increased By ▲ 0.14 (0.5%)
PTC 13.95 Decreased By ▼ -0.35 (-2.45%)
SEARL 55.75 Increased By ▲ 1.15 (2.11%)
SNGP 70.75 Decreased By ▼ -0.45 (-0.63%)
SSGC 10.48 Decreased By ▼ -0.02 (-0.19%)
TELE 8.62 Increased By ▲ 0.10 (1.17%)
TPLP 10.97 Increased By ▲ 0.03 (0.27%)
TRG 61.41 Increased By ▲ 0.71 (1.17%)
UNITY 25.25 Decreased By ▼ -0.08 (-0.32%)
WTL 1.31 Increased By ▲ 0.05 (3.97%)
BR100 7,670 Increased By 5.1 (0.07%)
BR30 25,149 Increased By 123.1 (0.49%)
KSE100 73,165 Increased By 400.3 (0.55%)
KSE30 23,754 Decreased By -21 (-0.09%)

ISLAMABAD: Pakistan Federal Union of Journalists (PFUJ) has termed the timelines/deadlines to the income tax authorities to proceed against Justice Qazi Faez Isa's spouse and children illegal under Section 116 and/or other related provisions of the Income Tax Ordinance 2001.

The PFUJ, through Rasheed A Rizvi, on Tuesday filed a petition, urging to apex court to review paras 3 to 11 of its order dated June 19, 2020.

A 10-member bench, headed by Justice Umar Ata Bandial on 19-06-20 had quashed the Presidential Reference against Justice Qazi Faez Isa, and held the proceedings before the Supreme Judicial Council (SJC) as having abated.

Rasheed A Rizvi, who filed a review petition on behalf of PFUJ, contended that after the 19th June order, the SJC has become functus officio for the purpose of this case. He said: "How could, therefore such, a body take notice of any future report against Justice Faez"?

He submitted that under Article 209 of the Constitution, it was clear that the SJC was not a continuing body and was constituted for every individual case that was brought before it.

It is on receipt of a Presidential Reference or in case of assumption of suo moto jurisdiction by the SJC that the body (SJC) is constituted for a particular case.

"The counsel argued: "This, being the case, how could an un-constituted SJC or its chairman entertain a report?" questioned the journalist body.

That it is the constitutional prerogative of the SJC to assume suo moto jurisdiction against a judge of the superior courts, under its own procedure, on receipt of a valid and substantial complaint.

Such jurisdiction cannot be subject to directions by any court. "The SJC also has no jurisdiction to probe or inquire into the assets and properties of the spouse and children of a judge because its jurisdiction is limited to the extent of physical or mental incapacity of a judge or a case of misconduct against a judge. "Spouse and children of a judge do not fall within the scope and ambit of exercise of jurisdiction.

"The wife and children of Justice Qazi Faez are entitled to 'due process' before the FBR and other tax authorities as provided under Article 10A of the Constitution.

"Giving directions /timelines/ deadlines constitute serious inroads being made into the jurisdiction and proceedings by the tax authorities, which could adversely affect the rights and protections afforded to the spouse and children of the learned judge by the 'due process' under tax law read with Article 10A of the Constitution."

"The directions/ observations/contents of paras 3 to 11 are unnecessary, superfluous, contradictory, excessive and unlawful, and thus, liable to be deleted.

The directions/ observations/ contents of paras 3 to 11 of the Order, constitute mistake and error apparent on the face of the record, and are thus liable to be reviewed and deleted".

Copyright Business Recorder, 2020

Comments

Comments are closed.