ISLAMABAD: The Supreme Court has granted the review petition of Justice Qazi Faez Isa in the presidential reference case.
A 10-member full court bench headed by Justice Umar Ata Bandial heard the case of Justice Isa in the apex court on Monday and handed a split 6-4 verdict.
The Supreme Court judge and his wife had challenged the apex court’s order on the presidential reference seeking the removal of Justice Isa for failing to disclose foreign properties of his family members. After completion of the hearing, Justice Bandial, in his remarks, said that the bench needed time for consultation.
On October 23, the Supreme Court had issued the detailed verdict in Justice Qazi Faez Isa case and declared a presidential reference sent against him as unconstitutional.
The detailed verdict released by the apex court nullified the presidential reference against Justice Isa and termed the reference as a violation of the law and the constitution.
The judgment stated that the presidential reference filed against Justice Isa was in violation of the law and the Constitution.
“The worthy President grossly failed to exercise his discretion as mandated under the Constitution and, thus, the entire process built thereon leading to the filing of the Reference was in violation of the law and the Constitution,” the verdict read.
“There was no evidence that Justice Isa had violated the Foreign Exchange Regulation Act and even the relevant provisions from the said law were not specified in the Reference.”
According to the judgment, the court’s decision to direct the Federal Board of Revenue to commence proceedings against Sarina Isa and her children was based on two ground: to establish that Judges of the Superior Court are answerable for allegations casting aspersions not only on their personal integrity but also on the integrity of the institution; and to honour the petitioner’s plea that the allegation of the absence of source of funds and money laundering must be first put to Sarina Isa, who is an independent taxpayer.
