–Petition argues that SC’s short order had ‘material errors of facts and jurisdiction’
–Says FBR initiated proceedings against him and family members without waiting for SC’s detailed order
ISLAMABAD: Justice Qazi Faez Isa on Monday move a petition in the Supreme Court (SC) seeking a review of its June 19 order requiring the verification of three offshore properties in his wife and children’s name by the Federal Board of Revenue (FBR).
Filed through Advocate Munir A. Malik, the petition argued that the SC’s short order had “material errors of facts and jurisdiction”. It added that many of these were in respect to matters with regard to which neither Justice Isa nor his family were heard.
It also contended that the FBR had initiated proceedings against Justice Isa and his family members without waiting for the top court’s detailed order.
The majority order by seven judges had quashed the presidential reference against Justice Isa but ordered the FBR chairman to furnish a report under his signatures to the secretary of the Supreme Judicial Council (SJC), containing details of the proceedings conducted by the commissioner inland revenue after seeking an explanation from the wife and children of Justice Isa about the nature and source of the funds used to purchase three properties in the United Kingdom.
On the receipt of the report, the SJC will determine whether to initiate any action/proceedings for the purposes of Article 209 of the Constitution, in its suo motu jurisdiction, the judgement had explained.
“After the reference against the petitioner was quashed, there was no justification to direct initiation of FBR proceedings against his wife and children, give guidance and free licence to the acts of an executive which had admittedly acted unlawfully against the petitioner.”
The petition also stated that subsequent to the passing of the order, the FBR chairman was “unlawfully” changed, referring to the posting of Muhammad Javed Ghani — the fourth appointment made to the position since the ruling PTI took office.
“The only reason to act in this manner is to get the desired results from the FBR, which further demonstrates extreme malice.”
The petition also criticised the FBR’s move to paste notices outside Justice Isa’s residence when an arrest warrant had not been issued and the petitioner had not been declared an absconder. “The only object that this novelty served was to ridicule and humiliate the petitioner and his wife further and before every staff and resident of the Judge’s Enclave.”
It added that the contesting respondents had apparently prevailed upon the FBR to proceed against Justice Isa’s family without waiting for the detailed reasons of the “impugned order” to be issued. “The objective thereof appears to be to make the constitutional right of review redundant.”
The petition contended that Justice Isa had filed the petition as the time limit for doing so was expiring, even though the detailed order had not been released. “However, the petitioner reserves his rights to submit further, additional and other grounds once the detailed reasons are issued.”
The petition urged the apex court to review and “excise” its directives and to stop action on the court’s directives till the review petition is decided.
