Monday, November 29, 2021  | 23 Rabiulakhir, 1443
Samaa TV
Facebook Twitter Youtube
HOME > Pakistan

Explainer: How Pakistan’s top court quashed reference against Justice Isa

Journalist Asad Ali Toor explains what he witnessed in court

SAMAA | - Posted: Jun 19, 2020 | Last Updated: 1 year ago
Posted: Jun 19, 2020 | Last Updated: 1 year ago

The Supreme Court dismissed the presidential reference against Justice Qazi Faez Isa on Friday. The court instructed the Federal Bureau of Revenue to report on Sarina Isa’s assets in a week.

Asad Ali Toor, who has covered all the 41 hearings of the case, explained the presidential reference against Justice Isa on SAMAA TV anchor Amber Shamsi’s Sawaal show.

The presidential reference was filed against Justice Qazi Faez Isa on May 20. In the reference, the judge was accused of not disclosing his family’s properties in his wealth statement.

“The basis of the reference was the properties of Justice Qazi Faez Isa’s wife in London,” said Toor. “One of which was owned by her son and the other one was jointly owned by her and her daughter.”

The reference had alleged that Justice Isa didn’t declare the assets and he could be the “benaami” owner of the properties.

“When the reference was moved, all the bar councils in the country stood by Justice Isa,” said Toor. He added that Justice Isa had challenged the Supreme Judicial Council’s show cause notice to him in the Supreme Court under article 184 (3).

Justice Qazi Faez Isa reference: A timeline

First, the court had formed an eight-member larger bench to hear the presidential reference against Justice Isa but his lawyers’ objected to it, saying two of the judges in the bench could take advantage of Justice Isa’s removal as judge.

Then, the Supreme Court had formed a 10-member full court bench to hear the case against Justice Isa.

According to Toor, the Supreme Judicial Council in its show cause notice had asked Justice Isa to explain the assets of his family. In his reply, Justice Isa told the court that the presidential reference was filed against him because of his verdict in the Faizabad dharna case and the “evidence” against him was obtained illegally by the government.

According to Justice Isa, the reference against him was made on the complaint of journalist Abdul Waheed Dogar. The complainant, Justice Isa maintained, was a proxy who is being used by someone else.

Toor said the government had a hard time during the hearings because its former attorney-general, Anwar Masood Khan, had to resign because he had annoyed the judges with his “illogical” arguments. The government then hired Khalid Javed Khan as the new attorney general but he too declined to contest the government’s case against Justice Isa.

“The only option the government was left with was Barrister Farogh Nasim, who was the law minister and played a role in preparing the reference,” Toor said. “He resigned and contested the case.”

According to Toor, the government had maintained before the full court that Faizabad dharna case’s verdict had nothing to do with the presidential reference against Justice Isa. The other judge, Justice Mushir Alam, who was the author of the Faizabad dharna verdict, wasn’t named in the presidential reference.

Supreme Court quashes govt reference against Justice Qazi Faez Isa

Toor said the judges made some interesting remarks during the 41 hearings that hurt the government’s narrative of accountability. He added that the bench also asked the government how the complainant. Abdul Waheed Dogar, got access to the FBR’s records and why did the government’s whole machinery swing into action over his complaint.

During a hearing, Justice Isa also appeared before the bench as a petitioner. This was the first time in the history of Pakistan that a sitting judge of the country’s top court appeared in court as a petitioner.

He has always maintained that he had no links with the properties abroad of his wife.

In the second-last hearing, Justice Isa’s wife Serena Isa appeared before the judge to defend her husband and family via video link.

Toor said Serena Isa had showed all of her documents, including her birth certificate, passport, visas and salary slips, to the bench. She told the court that she inherited over 1,000 Kanals of land from her father.

After hearing her testimony, the head of 10-member bench Umar Ata Bandial said the court was satisfied with the documents Serena Isa showed to the court.

The matter has now been sent to the FBR and it will submit its report to the court in a week.
FaceBook WhatsApp

Tell us what you think:

Your email address will not be published.

FaceBook WhatsApp

Justice Qazi Faez Isa, Pakistan, Presidential Reference, Imran Khan
About Us   |   Anchor Profiles   |   Online Advertising   |   Contact Us   |   Feedback   |   Apps   |   FAQs   |   Authors   |   Comment Policy
Facebook   |   Twitter   |   Instagram   |   YouTube   |   WhatsApp