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Justice Qazi Faez Isa files petition seeking review of SC verdict, says 'no justification' for FBR proceedings
Haseeb Bhatti 20 Jul, 2020
The majority order by seven judges had quashed the presidential reference against Justice Qazi Faez Isa. — Photo courtesy Supreme Court website/File
Justice Qazi Faez Isa on Monday approached the Supreme Court seeking a review of its June 19 majority order requiring the verification of three offshore properties in his wife and children's name by tax authorities.
Filed through senior counsel Munir A. Malik, the petition argued that the top court's short order had "material errors of facts and jurisdiction". It added that many of these were in respect to matters with regard to which neither Justice Isa nor his family were heard.
It also contended that the Federal Board of Revenue (FBR) had initiated proceedings against Justice Isa and his family members without waiting for the top court's detailed order.
The majority order by seven judges had quashed the presidential reference against Justice Isa but ordered the FBR chairman to furnish a report under his signatures to the secretary of the Supreme Judicial Council (SJC), containing details of the proceedings conducted by the commissioner inland revenue after seeking an explanation from the wife and children of Justice Isa about the nature and source of the funds used to purchase three properties in the United Kingdom.
On the receipt of the report, the SJC will determine whether to initiate any action/proceedings for the purposes of Article 209 of the Constitution, in its suo motu jurisdiction, the judgement had explained.
"After the reference against the petitioner was quashed, there was no justification to direct initiation of FBR proceedings against his wife and children, give guidance and free licence to the acts of an executive which had admittedly acted unlawfully against the petitioner."
The petition also stated that subsequent to the passing of the order, the FBR chairman was "unlawfully" changed, referring to the posting of Muhammad Javed Ghani — the fourth appointment made to the position since the ruling PTI took office.
"The only reason to act in this manner is to get the desired results from the FBR, which further demonstrates extreme malice."
The petition also criticised the FBR's move to paste notices outside Justice Isa's residence when an arrest warrant had not been issued and the petitioner had not been declared an absconder. "The only object that this novelty served was to ridicule and humiliate the petitioner and his wife further and before every staff and resident of the Judge's Enclave."
It added that the contesting respondents had apparently prevailed upon the FBR to proceed against Justice Isa's family without waiting for the detailed reasons of the "impugned order" to be issued. "The objective thereof appears to be to make the constitutional right of review redundant."
The petition contended that Justice Isa had filed the petition as the time limit for doing so was expiring, even though the detailed order had not been released. "However, the petitioner reserves his rights to submit further, additional and other grounds once the detailed reasons are issued."
The petition urged the apex court to review and "excise" its directives and to stop action on the court's directives till the review petition is decided.
On July 18, the the Sindh High Court Bar Association (SHCBA) had approached the SC seeking a review of its June 19 majority order.
Filed through senior counsel Rasheed A. Razvi, the SHCBA petition argued that the directives, observations or contents of paragraphs three to 11 were unnecessary, superfluous, contradictory, excessive and unlawful, thus liable to be reviewed and deleted since it constituted mistake and error apparent on the face of the record.
Earlier, the Supreme Court Bar Association (SCBA) had filed a review petition seeking the deletion of the court’s directives requiring verification by the tax authorities of three offshore properties in the name of the wife and children of Justice Qazi Faez Isa.
“These directives, observations and contents from paragraphs three to 11 are unnecessary, superfluous, contradictory, excessive and unlawful and thus liable to be deleted from the short order,” pleaded the petition filed through SCBA president Syed Qalb-e-Hassan.
https://www.dawn.com/news/1570148/j...ict-says-no-justification-for-fbr-proceedings
Haseeb Bhatti 20 Jul, 2020
The majority order by seven judges had quashed the presidential reference against Justice Qazi Faez Isa. — Photo courtesy Supreme Court website/File
Justice Qazi Faez Isa on Monday approached the Supreme Court seeking a review of its June 19 majority order requiring the verification of three offshore properties in his wife and children's name by tax authorities.
Filed through senior counsel Munir A. Malik, the petition argued that the top court's short order had "material errors of facts and jurisdiction". It added that many of these were in respect to matters with regard to which neither Justice Isa nor his family were heard.
It also contended that the Federal Board of Revenue (FBR) had initiated proceedings against Justice Isa and his family members without waiting for the top court's detailed order.
The majority order by seven judges had quashed the presidential reference against Justice Isa but ordered the FBR chairman to furnish a report under his signatures to the secretary of the Supreme Judicial Council (SJC), containing details of the proceedings conducted by the commissioner inland revenue after seeking an explanation from the wife and children of Justice Isa about the nature and source of the funds used to purchase three properties in the United Kingdom.
On the receipt of the report, the SJC will determine whether to initiate any action/proceedings for the purposes of Article 209 of the Constitution, in its suo motu jurisdiction, the judgement had explained.
"After the reference against the petitioner was quashed, there was no justification to direct initiation of FBR proceedings against his wife and children, give guidance and free licence to the acts of an executive which had admittedly acted unlawfully against the petitioner."
The petition also stated that subsequent to the passing of the order, the FBR chairman was "unlawfully" changed, referring to the posting of Muhammad Javed Ghani — the fourth appointment made to the position since the ruling PTI took office.
"The only reason to act in this manner is to get the desired results from the FBR, which further demonstrates extreme malice."
The petition also criticised the FBR's move to paste notices outside Justice Isa's residence when an arrest warrant had not been issued and the petitioner had not been declared an absconder. "The only object that this novelty served was to ridicule and humiliate the petitioner and his wife further and before every staff and resident of the Judge's Enclave."
It added that the contesting respondents had apparently prevailed upon the FBR to proceed against Justice Isa's family without waiting for the detailed reasons of the "impugned order" to be issued. "The objective thereof appears to be to make the constitutional right of review redundant."
The petition contended that Justice Isa had filed the petition as the time limit for doing so was expiring, even though the detailed order had not been released. "However, the petitioner reserves his rights to submit further, additional and other grounds once the detailed reasons are issued."
The petition urged the apex court to review and "excise" its directives and to stop action on the court's directives till the review petition is decided.
On July 18, the the Sindh High Court Bar Association (SHCBA) had approached the SC seeking a review of its June 19 majority order.
Filed through senior counsel Rasheed A. Razvi, the SHCBA petition argued that the directives, observations or contents of paragraphs three to 11 were unnecessary, superfluous, contradictory, excessive and unlawful, thus liable to be reviewed and deleted since it constituted mistake and error apparent on the face of the record.
Earlier, the Supreme Court Bar Association (SCBA) had filed a review petition seeking the deletion of the court’s directives requiring verification by the tax authorities of three offshore properties in the name of the wife and children of Justice Qazi Faez Isa.
“These directives, observations and contents from paragraphs three to 11 are unnecessary, superfluous, contradictory, excessive and unlawful and thus liable to be deleted from the short order,” pleaded the petition filed through SCBA president Syed Qalb-e-Hassan.
https://www.dawn.com/news/1570148/j...ict-says-no-justification-for-fbr-proceedings
