SC judge questions legality of probe into Faez Isa's properties.

Byline: Nasir Iqbal

ISLAMABAD -- Justice Syed Mansoor Ali Shah of the Supreme Court on Monday observed that the process to search out the properties of Justice Qazi Faez Isa, facing a presidential reference, was apparently being conducted without due authorisation by the competent authority.

The observation came from a 10-judge full court during the hearing of a set of petitions challenging the filing of the reference against Justice Isa.

Justice Sajjad Ali Shah observed that the presidential reference does not suggest anything about the wife and children's dependency on Justice Isa, while Justice Mansoor Shah questioned whether the Federal Board of Revenue (FBR) had, in its investigations, probed this aspect. It is a mystery how the complainant found out the exact addresses of the London properties, Justice Shah observed.

Justice Umar Ata Bandial, heading the bench, observed that the SC wanted to find out how and why the top judiciary, as being claimed by the counsel, were under trial, adding he had been urging that the court should function to discharge its duties instead of adjourning cases on minor causes, which brings only embarrassment.

Full court bench hears petitions regarding presidential reference

Senior counsel Muneer A. Malik, pleading the case of Justice Isa, recalled that the FBR had served a notice to the wife of Justice Isa in 2015 about not filing tax returns, but not to Justice Isa himself. He highlighted that the reference against the judge does not allege that the three properties mentioned are owned by him, whether directly or benami.

In fact, the reference states the opposite, the counsel argued, adding the reference had not levelled the allegation of dishonesty or corruption against the judge.

Justice Muneeb Akhtar asked the counsel to inquire whether Justice Isa or his family had travelled to the United Kingdom during the period between the Feb 6 dharna judgement and the filing of the reference.

'I will have to ask my client,' the counsel, replied while reminding the bench that Justice Isa's son lives in the UK. He highlighted that he had tried to find out the legal backing behind the setting up of the Assets Recovery Unit (ARU) under the chairmanship of Mirza Shahzad Akbar, with its office at the Prime Minister's Secretariat. 'I have checked the rules of business as amended till Aug 19, 2019, and found that it does not mention the ARU,' the counsel argued, adding that he does not know the date when...