- Mr Justice Qazi Faez Isa exonerated
The tribulations of Mr Justice Qazi Faez Isa started after the detailed verdict in the Faizabad Dharna case. Certain observations made by the honorable judge during the hearings and in the detailed judgment irked both the PTI leadership and the establishment. A probe was initiated soon after by the Assets Recovery Unit (ARU) to find evidence that could be used to unseat the judge. The insubstantial material collected was subsequently handed over to the Attorney General for preparation of a reference.
As Mr Justice Isa enjoys respect among the legal community for his integrity, the first reaction against the reference came from an Additional Attorney General who tendered his resignation in reaction to the purported filing of the reference which he called a “reckless attempt to browbeat the judiciary”. Soon after, Pakistan Bar Council and Supreme Court Bar Association announced protests against the reference which they maintained was aimed at inflicting irreparable damage to the independence of judiciary.
The reference filed against Mr Justice Isa was based on presumptions. There was nothing in it to prove that the properties abroad owned by his wife and children actually belonged to him. Mrs Faez Isa had requested the Supreme Court early this year to hear her. When allowed to get her statement recorded through video-link on Thursday, she presented the entire money trail from how she earned the money to the purchase of the foreign properties between 2003 and 2013.
In a short order announced on Friday, the SC quashed the presidential reference against Mr Justice Isa, calling it invalid. The court also withdrew a show cause notice issued to Justice Isa by the Supreme Judicial Council. Ms Isa is required now to satisfy the Inland Revenue Commissioner about the money trail and the property. The Commissioner will then send his report to the Chief Justice. The PBC and SCBA have interpreted the judgment as a victory of the independent judiciary and rule of law. Powerful people who do not like independent judges need to learn to live with them during the pandemic, the effects of which are likely to last for a number of years. Any social upheaval caused by irrational actions will cost the country badly.
