In its detailed judgement in the Justice Qazi Faez Isa review case, the Supreme Court of Pakistan has noted that the Federal Board of Revenue (FBR) acquired the tax records of the judge and his family using 'unlawful' means.
Earlier in April last year, a short order was issued where a 10-member full court bench concluded the case pertaining to the review petitions filed by Justice Isa against the earlier verdict of the apex court.
The order had set aside a verdict from 2020 on the issue, cancelling all proceedings against Justice Isa that took place after it. In the June 2020 verdict, while the apex court had quashed the presidential reference filed against Justice Qazi Faez Isa, it had asked the FBR to launch investigation into the matter and submit a report of its findings. Justice Isa and his wife Sarina Isa's financial dealings were then being investigated by the FBR. The presidential reference in question was filed against the judge over his alleged failure to show his properties in London.
In the detailed verdict issued by the apex court today, Justice Yahya Afridi said, "...the tax officials on the unlawful directions issued by the Chairman ARU, Barrister Shahzad Akbar with the concurrence of the Federal Law Minister, Dr Farogh Naseem, breached the statutory confidentiality of Mrs Sarina Faez Isa’s tax returns."
About the earlier decision of the SC, Justice Afridi stated that the apex court did not have the authority to order the Supreme Judicial Council (SJC) to initiate launch an investigation against Justice Isa.
"To sum up, it would be safe to state that this Court did not have the jurisdiction to issue the impugned directions to the Council to consider initiating, or otherwise, an inquiry against the Petitioner Judge based on the 'information' received from the tax officials of the FBR," the judgement issued earlier today read.
The detailed judgement also stated that the inquiry against the judge's family was ordered without providing a fair hearing to Sarina Isa, adding that the principle of natural justice was violated in the case.
Earlier in April last year, a short order was issued where a 10-member full court bench concluded the case pertaining to the review petitions filed by Justice Isa against the earlier verdict of the apex court.
The order had set aside a verdict from 2020 on the issue, cancelling all proceedings against Justice Isa that took place after it. In the June 2020 verdict, while the apex court had quashed the presidential reference filed against Justice Qazi Faez Isa, it had asked the FBR to launch investigation into the matter and submit a report of its findings. Justice Isa and his wife Sarina Isa's financial dealings were then being investigated by the FBR. The presidential reference in question was filed against the judge over his alleged failure to show his properties in London.
In the detailed verdict issued by the apex court today, Justice Yahya Afridi said, "...the tax officials on the unlawful directions issued by the Chairman ARU, Barrister Shahzad Akbar with the concurrence of the Federal Law Minister, Dr Farogh Naseem, breached the statutory confidentiality of Mrs Sarina Faez Isa’s tax returns."
About the earlier decision of the SC, Justice Afridi stated that the apex court did not have the authority to order the Supreme Judicial Council (SJC) to initiate launch an investigation against Justice Isa.
"To sum up, it would be safe to state that this Court did not have the jurisdiction to issue the impugned directions to the Council to consider initiating, or otherwise, an inquiry against the Petitioner Judge based on the 'information' received from the tax officials of the FBR," the judgement issued earlier today read.
The detailed judgement also stated that the inquiry against the judge's family was ordered without providing a fair hearing to Sarina Isa, adding that the principle of natural justice was violated in the case.