Three review petitions filed against SC verdict in Justice Qazi Faez Isa case

ISLAMABAD: Three petitions have been separately filed by Justice Qazi Faez Isa, his wife Cerina Isa and Pakistan Bar Council in the Supreme Court (SC), seeking the review of its July 19 verdict for the verification of offshore properties by the Federal Board of Revenue (FBR), ARY News reported on Monday.

Justice Qazi Faez Isa filed the review petition through a senior counsel Munir A Malik which stated that the apex court’s July 19 order has ‘material errors of facts and jurisdictions, which are apparent on the face of the record.’

It sought the top court to hear the petition and all other interlocutory applications which were pending prior to the passing of the order besides reviewing and excising the verdict. The defence counsel prayed the court for approving a stay on interim orders till the disposal of the application.

The petition stated that the tax authorities, Federal Board of Revenue (FBR), had initiated actions against Justice Isa and his family members before the release of the Supreme Court’s detailed verdict.

It added that Justice Isa, his family, FBR and attorney general of Pakistan (AGP) were not heard on some matters, whereas, Article 4, 10-A and others were neglected in the verdict. Moreover, there was no jurisdiction to order FBR for investigation after nullifying the presidential reference, the petition read.

Justice Isa also sought to submit reply in the written arguments given to the top court by the federal government.

Second review petition

The petition filed by Cerina Isa stated that the properties were not owned by Justice Isa but by the petitioner and her non-dependent children. ‘It is important to note that neither was any case made out for benami ownerhip, nor was there any stipulation to such effect.”

She said in the petition that she identified the source of funds leading to the acquisition of the properties to assist the top court. The records regarding her source of income had been provided along with the application, whereas, it was also available with the concerned officials.

The petitioner sought reviewing the July 19 order by setting aside paragraphs 3 through 11 of the verdict besides staying the interim orders.

Third review petition

The petition filed by Pakistan Bar Council has also pleaded the top court to review the July 19 verdict and set aside paragraphs 3 through 11 of the order. It also pleaded to stop implementation of the order until the decision of the review application.

Earlier on July 15, the Supreme Court Bar Association (SCBA) had also filed a petition in the Supreme Court seeking to review the court’s order of sending the matter to the FBR in Justice Qazi Faez Isa case.

The full court had quashed the presidential reference filed against Justice Qazi Faez Isa with instructions to the Federal Board of Revenue (FBR) about an inquiry of the family’s properties.

The review petition filed in the Supreme Court argues that the Supreme Judicial Council (SJC) could not inquire into the properties of the family members and children of the judges. The SJC jurisdiction has been restricted only to judges, the petition said.

The Judge’s children and wife should be given the right of fair trial, the SCBA review plea said.