Supreme Court stops all actions against Justice Qazi Faez Isa and the family.
The SC on Monday accepted identical petitions challenging its last year’s order of June 19.
Then it referred the matter to the Federal Board of Revenue with a direction to initiate tax proceedings against the spouse and children of Justice Qazi Faez Isa.
Supreme Court stops all actions against Justice Qazi Faez Isa
However, now Justice Umer Ata Bandial headed 10-member larger bench allowed the review petitions which Justice Qazi Faez Isa and various Bar associations filed against that order of June 19, 2020.
Other members of the bench included: Justice Maqbool Baqir, Justice Manzoor Ahmed Malik, Justice Sajjad Ali Shah, Justice Mazhar Alam Miankhel, Justice Muneeb Akhtar, Justice Mansoor Ali Shah, Justice Sajjad Ali Shah, Justice Qazi Muhammad Amin Ahmed, Justice Yahya Afridi and Justice Amin Uddin Khan.
Five judges dismissed the review petition of Justice Qazi Faez Isa while five allowed it.
The majority six to four set aside the last year’s June 19 order that referred the matter to the Federal Board of Revenue, directing tax proceedings against the spouse and children of Justice Qazi Faez Isa.
“By majority of six to four (Justice Umar Ata Bandial, Justice Sajjad Ali Shah, Justice Munib Akhtar and Justice Qazi Muhammad Amin Ahmed dissenting), these review petitions, except as mentioned below, are allowed, Justice Umer Ata Bandial announced.
The SC announced a short order
The Justice Bandial announced this in a short order after Additional Attorney-General Aamir Rehman concluded his arguments.
Furthermore, the SC order allowed the Civil Review Petition No 296 of 2020 titled Justice Qazi Faez Isa vs. The President of Pakistan & others).
Five judges — Justice Maqbool Baqir Justice Manzoor Ahmed Malik, Justice Mazhar Alam Khan Miankhel, Justice Syed Mansoor Ali Shah and Justice Amin-ud-Din Khan — allowed the review petitions and recalled the order of June 19, 2020.
“For the reasons to be recorded later, captioned Review Petitions are allowed and the directions contained in paras 4 to 11 of the impugned short order dated June 19, 2020, passed in constitutional petition No 17/2019 and other connected matters along with supporting detailed reasons given in the majority judgment of the same date are recalled and set aside”, the five members held in their separate order
They held that all the subsequent proceedings, actions, orders, information and reports in pursuance of the directions contained in the short order dated Jun 19, 2020 and the detailed reasons thereof, are declared to be illegal and without any legal effect.
“Resultantly, any such proceedings, actions, orders or reports cannot be considered or acted upon and pursued any further by any forum or authority, including the Supreme Judicial Council”, the five judges held.
Similarly, Yahya Afridi upheld his decision, dismissing the petition of Justice Qazi Faez on June 19, 2020, for not being maintainable but allowed the review petitions, declaring directions contained in the court last year short order of no legal effect.
“For the reasons to be recorded later, all review petitions except CRP No 296 of 2020 are allowed and the directions contained in paragraphs 4 to 11 of the order dated June 19, 2020 and detailed judgment dated Oct 23, 2020, passed in constitutional petition No 17 of 2019 and other connected petitions are recalled”, Justice Yahya Afridi held in his separate note.
“Consequently, all the subsequent proceedings, actions, orders and reports made in pursuance to the said directions are declared to be of no legal effect and/or consequence”, Justice Afridi added.
Justice Qazi Faez Isa waited
Earlier, the court heard Additional Attorney-General Aamir Rehman and announced that it will rise after an hour to announce its order.
Justice Qazi Faez Isa along with his spouse Sarina Issa and daughter also remained present in the courtroom.
They were also waiting for the court’s decision.
Later on, the court again arrived and announced its short order.