ISLAMABAD: Justice Qazi Faez Isa requested the apex court to give importance to his case, and after hearing, either throw him out or exonerate him with honour.
“I request you in fact beseech you to give importance to this case as we have less time because Justice Mazoor Malik is retiring on April 30.”
“After hearing my arguments either throw me out or exonerate me with honour. It’s not the matter of my respect but the respect and prestige of this institution,” he said.
A 10-member larger bench, headed by Justice Umar Ata Bandial, and comprising Justice Maqbool Baqar, Justice Manzoor Ahmed Malik, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah, Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Qazi Muhammad Amin Ahmed, and Justice Aminud Din Khan, on Thursday, heard the review petitions of Justice Qazi Faez Isa, Supreme Court Bar Association (SCBA), Pakistan Bar Council (PBC), and the provincial bar councils and associations, and the petition of Sarina Isa against the apex court's judgment on the Presidential Reference.
Justice Isa argued that he was not seeking review of the entire judgment but the portion of the apex court’s short order, wherein the Federal Board of Revenue (FBR) has been directed to probe the source of funding of three UK properties, in the name of his wife and children.
He said under Article 184(3) of Constitution, “the lords could allow or dismiss a petition, but could not pass an order which the Constitution and law do not authorise them.”
He contended that there are two components of Article 184(3) i.e. public interest and the enforcement of the fundamental rights.
“However, the impugned order has taken away fundamental rights of my wife, daughter and son; therefore, it is violative of the Article 184 (3),” he added.
The judge said that he wrote to the President of Pakistan for supplying the copy of reference, but he did not show courtesy to reply to his letters.
“Fifth generation war was launched on the media against me and my family,” he added.
He said former Chief Justice Asif Saeed Khan Khosa and ex-judge Sheikh Azmat Saeed, who were members of the Supreme Judicial Council (SJC), did not have the courtesy to hear me before reaching any conclusion, but they decided the reference on his back and castigated him.
“Justice Khosa had betrayed me and stabbed me in the back,” he said.
“For the first time in history, the SJC recommendations were uploaded on the Supreme Court website. The Council had murdered justice. Justice Sh Azmat is the favourite of the PTI government; therefore, he was made head of the Broadsheet Commission,” Justice Isa said. Justice Muneeb Akhtar remarked; “If I understand correctly then you are aggrieved of the order related to the FBR and if that is set aside then nothing is left.”
Justice Muneeb further asked him why he (Justice Isa) keeps on blaming the two judges.
Upon that, Justice Isa said if Justice Khosa and Justice Azmat are “sacrosanct” then why not he?
He said: “My wife Sarina Isa, daughter Seher Isa and son Arsalan, were not party before court, or the court made them party or anyone filed application pleading to make them party, then why an order was passed against them without giving them opportunity of hearing and clearing their position?”
He said till date, the FBR did not send him a single notice, and that his wife and children were not his dependent, when the properties in the UK were purchased. “Like [PM] Imran Khan my wife did not hide her property. The court did not refer the Niazi Services case to FBR, but in my case the court acted differently. I made great mistake that I penned the Faizabad dharna judgement,” said Justice Isa, and added only Khadim Rizvi of Tehrik-e-Labbaik Pakistan (TLP) did not file a review against his judgement, but everyone challenged it.
First one was the Pakistan Tehreek-e-Insaf, which stated in its petition “That I am not fit to be the judge of the Supreme Court.” Moreover, MQM and Sheikh Rasheed too filed review petitions.
He stated that two years have passed but those were not fixed.
Justice Isa argued had he been exonerated and vindicated the matter would have ended, adding that “but the lords have exercised power, which is not given to them under the constitution or any law.”
He said had the Supreme Court passed an “omnibus” order that the judges, generals, bureaucrats, and all the government officials should declare assets of their wives and children then he would have no objection, adding that “but I was singled out, which is the violation of the constitution.”
The judge contended that although adviser to PM Shehzad Akbar is not a government servant or an elected parliamentarian, he is calling the shots.
He [Shehzad Akbar] has created Asset Recovery Unit (ARU) illegally and the Presidential Reference against me is based on its report,” Justice Isa said.
“He (Shehzad) inducts people on his discretion, but no one question him. Shehzad Akbar chose Ashfaque Ahmed, Inland Commissioner, to investigate about the tax matter of my wife and children. Another key player in orchestrating the reference is Abdul Waheed Dogar. But no one can ask any question from them,” Justice said.
He said contempt proceedings should have been initiated against former Attorney General for Pakistan Anwar Mansoor Khan in view of the allegation he levelled against the bench that some member of the bench had helped him (Justice Isa) in drafting the petition.
“But no action was taken against him (Anwar Mansoor Khan),” Justice Isa added.
Copyright Business Recorder, 2021
Comments
Comments are closed.