SC Accepted Justice Qazi Faez Isa's Review Petition Against Presidential Reference

Sarina Isa—the wife of Justice Qazi Faez Isa—has asked two judges of the top court to make their and their wives' assets public.

ISLAMABAD: (UrduPoint/UrduPoint / Pakistan Point News-April 26^th, 2021) The Supreme Court on Monday accepted review petitions of Justice Qazi Faez Isa and his wife against the presidental reference.

A SC 10-member bench headed by Justice Umar Ata Bandial had earlier reserved the verdict. The court had empowered the Federal board of Revenue (FBR) to conduct an inquiry into offshore assets of his spouse.

The top court accepted the review petition filed by Justice Isa's wife Sarina Isa by a majority of 6-4. However, five judges accepted Justice Isa's review petition while five were against it.

Justice Maqbool Baqar, Justice Manzoor Ahmad Malik, Justice Aminuddin Khan, Justice Mansoor Ali Shah and Justice Mazhar Alam accepted all review petitions.

Justice Yahya Afridi accepted all review petitions except the one by Justice Isa.

Meanwhile, Justice Bandial, Justice Munib Akhtar, Justice Qazi Muhammad Amin and Justice Sajjad Ali Shah dissented from the judgement.

Earlier in today’s proceedings, Sarina Isa—the wife of Justice Qazi Faez Isa—said that Justice Umar Ata Bandia and Justice Muneeb Akhtar were interested in accountability.

“I ask Justice Umar Ata Bandial and Justice Muneeb Akhtar to public their assets and assets of their wives,” Sarina suggested both the judges.

At this, Justice Umar Ata Bandial remarked: “ Madam please! Be silent,”.

Justice Qazi Faez Isa said that he had objected to the questions but was not reluctant to answer the questions.

“You should not put these words into my mount that I couldn’t answer,” Justice Isa said while addressing Justice Umar Ata Bandial who had remarked that it was over when he[Justice Isa] refused to answer three questions.

Justice Bandial also remarked that Justice Qazi Faez Isa had said that he was not answerable to the assets owned by his wife.

“This is matter of credibility of the judiciary. Therefore, this matter should be resolved,” Justice Bandial observed. He also observed that covering matter was tantamount to putting it to end.

In the present case, Justice Bandial remarked, investigations were started against Sarina Isa and it is duty of the FBR to determine the sources of income of all assets bought earlier.

The Attorney General for Pakistan said that Article 122 of the Law of Evidence, the onus of proof is on the person who is accused. The petitioner should answer or not is very clear in law of evidence, the AGP said. On it, Justice Isa said that it should not be done this way as he spent whole his life studying laws.

At this, Justice Qazi Amin remarked that the present case was neither a criminal one nor the civil.

Justice Mazhar Alam also addressed the Attorney General for Pakistan, observing that the law was quite clear and also their minds.