The Supreme Court registrar’s office, while returning the government’s “curative review petition” in the Justice Qazi Faez Isa case, ruled that the federation had misinterpreted the 1980 rules. Photo courtesy Supreme Court website/File
ISLAMABAD: The federal government finally lodged an appeal before the Supreme Court on Thursday against a refusal by the registrar’s office to entertain an unheard of legal remedy curative review petition in the Justice Qazi Faez Isa case.
The registrar’s office had returned a set of nine curative review petitions on May 25 on the grounds that the petitions contained “scandalous language”. The Supreme Court office also observed that a second review petition cannot be filed against a decision already given on a review petition.
A coordinated move appears to have been launched on social media aimed at attacking certain judges and the institution of judiciary. AFP/File
ISLAMABAD: The unabated onslaught against the judiciary on different social media platforms following the Supreme Court’s verdict in Justice Qazi Faez Isa case has surprised legal luminaries who have described the tendency as most unfortunate which has the potential to harm the very institution of judiciary.
The apex court had through a majority judgement on April 26 overturned its June 19, 2020 order that required verification and subsequent findings by the tax authorities of three foreign properties in the name of the wife and children of Justice Faez Isa.
Opinion
May 2, 2021
The short order of the Supreme Court of Pakistan – of April 26, 2021 – rendered by a majority of six with four honourable judges dissenting, in the review petitions filed by Justice Faez Isa, Mrs Sarina Isa, the Pakistan Bar Council, the Supreme Court Bar Association and the various high court bar associations across the country has been hailed as a triumph by the overwhelming majority of the serious-minded in the legal profession.
It has been bemoaned by those close to the government as a victory of sentiment over substance (see Raoof Hasan’s article on these pages on April 30), and has been spun viciously on social media as the grant of immunity by a set of brother judges to one of their own. It is said that the constitutional authority of the Supreme Judicial Council headed by the honourable chief justice of Pakistan has been constrained. This is a sombre moment. One must begin with the prosaic facts.
“We cannot legislate for the unknown consequences of consequences of consequences.” Isaiah Berlin
THE current rulers’ witch-hunt against Justice Qazi Faez Isa through a presidential reference has been finally consigned to the garbage heap of judicial history by the Supreme Court through its review order dated April 26, 2021, by partially modifying the original SC majority order and the judgement of June 19, 2020. But this great victory for judicial independence may have both intended and unintended consequences.
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Original order and judgement of June 19, 2020: All 10 judges hearing the original constitutional petitions against the reference had agreed on two main points ie firstly, the presidential reference against Justice Isa was quashed, and secondly, the show cause notice proceedings before the Supreme Judicial Council (SJC) abated. But beyond these two main points of agreement, there were disagreements on key issues between the principal majority judg
The verdict
April 29, 2021
The Supreme Court (SC) judgment in which the court accepted the review petition filed by Justice Qazi Faez Isa’s wife is like a breath of fresh air in a country where such news is rare. It has raised hopes of millions that believe that the independence of the judiciary is essential for a country to survive and exist. The SC has sent a clear message that any attempt to harass a judge for any judgment given by him by the executive and others who consider themselves above the constitution will be resisted by a majority of judges. Justice Qazi Faez Isa’s illustrious father, Late Qazi Isa, one of the staunchest supporters of Quaid-e-Azam, must be proud of his son.