Thoughts on Justice Qazi Faez Isa case

By Tanzeel Rauf Farooqui

(Pakistan News & Features Services)

Over the past few months, we have witnessed a case of uniquely controversial nature. It's a case concerning Justice Qazi Faez Isa, one of the judges of the Supreme Court of Pakistan.

The apex court dismissed a presidential reference against the senior judge on June 19.

According to a Supreme Court short judgement, the 10-member larger bench dismissed the government reference against Justice Qazi Faez Isa.

The Supreme Court termed the reference invalid and said: "The reference is declared to be of no legal effect whatsoever and stands quashed."

The government had filed a reference in May 2019 alleging that Justice Isa owned three properties in the UK in his wife's and children's names acquired between 2011 and 2015 while not disclosing them on his tax returns.

Justice Isa, known to be one of the most vocal judges of the Supreme Court, having passed many judgments which were praised by many, rejected the allegations and moved to the top court against the government reference last August. . 

The federal government, through the President of Pakistan had filed a reference against Justice Isa alleging that the honourable judge of the apex court had properties in England in the name of his wife, which were not declared, and this was a violation of Section 116 (1) (b) and Section 116 (2) of the Income Tax Ordinance of 2001. 

Adding to this, the federal government alleged that by committing the above-mentioned violation, the honourable judge committed gross misconduct and violated Article II and III of the judge’s code of conduct. 

Based on this, the Presidential reference recommended removal of the honourable judge to the Supreme Judicial Council (SJC) in term violation of Article 209 of the Constitution of the Islamic Republic of Pakistan. 

Justice Isa, on the contrary, described the reference as one full of malice and malafide on part of the government who did not even let the honourable judge present his side of the argument. 

The Supreme Court heard the matter a great length over a period of months and gave their short order on June 19.

The Supreme Court rejected the instant Presidential reference filed by the federal government against the honourable judge. However, what seemed as a triumph for Justice Isa and his legal team at first, was arguably not so. 

The Supreme Court, in its short order, although did dismiss the reference against the honourable judge, but did not give Justice Isa a clean chit, as they referred the matter to the Federal Board of Revenue (FBR) for consideration and ordered the result of the investigation of the FBR to be submitted before the SJC for further action. 

Justice Isa, at the very outset, argued that the government had not given an opportunity to him to be heard, audi alteram partem as the Latin pharse which translated to ‘let the other side be heard’. 

On this ground, it could be said that Justice Isa was victorious as indeed no man, be it a public office holder or not, must be heard before any adverse decision was passed against him. 

Nevertheless, with the matter being sent to the FBR for a detailed investigation, Justice Isa is yet to be victorious in this legal battle against the government. 

During the proceedings of the now dismissed Presidential reference, the federal government, through Dr Farogh Naseem argued that a judge’s office is one of high status and confidence and the sanctity of the same must be maintained, to which the honourable judges on the bench agreed. 

Judges hold a very respectable and honourable office and as a judge of the Supreme Court, practically after who only God remains, must have a flawless reputation. This might be the wisdom behind the majority of the bench of the apex court in sending the matter to the FBR, so that justice is not only done, but is seen to be done. 

It is without any doubt that all the judges of the honourable courts of Pakistan, be them judges of the district courts or judges of the Supreme Court, are highly respectable individuals who are deemed to be unbiased and defenders of the rights of the population. 

Through this particular judgement, the Supreme Court has in fact increased the praise that should be given to the honourable courts as they have presented themselves readily before the process of accountability and have sent a matter of one of their own to the FBR for impartial inquiry. 

No one is above the law, as Justice Maqbool Baqar, one of the honourable judges on the bench hearing the Presidential reference stated and the same can be witnessed through this historic judgment. 

Justice Qazi Faez Isa, who maintains that the intentions of the government are ill natured, is to prove the same with evidence before the FBR, like any citizen of Pakistan would have to do and then would be hailed. 

This reflects that the Supreme Court indeed is ready to answer any allegations raised against their own ranks viciously, and this raises the confidence of the population in the defenders of the rights of the public. It can undoubtedly be stated that through the decision of the Supreme Court on June 19, justice was not only done, but was seen to be done.