SC propounds Centre initiate tax proceedings in Justice Qazi Faez Isa case, follow 'due process'.

ISLAMABAD -- The Supreme Court of Pakistan proposed on Tuesday that the federal government initiate tax proceedings against Justice Qazi Faez Isa's family members regarding the non-disclosure of three foreign properties.

The 10-judge full-court headed led by Justice Umar Ata Bandial and comprising justice Maqbool Baqar, Justice Manzoor Ahmad Malik, Justice Faisal Arab, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi and Justice Qazi Muhammad Amin Ahmed, which was hearing a slew of petitions challenging the reference that was sent to the Supreme Judicial Council (SJC) in May 2019, remarked that if there were findings against the judge the government could then approach the SJC again.

Federal government's counsel Barrister Dr. Farogh Naseem sought a day's time from the court to respond to the bench's proposal.

Justice Umar Ata Bandial noted that there were several legal defects in the reference. The government's prime concern is to know the source of funds to acquire said properties, which is only possible through the proper mechanism i.e tax proceedings, he observed.

'You have not issued tax notice under Sections 116 or 114 [of the Income Tax law],' remarked Justice Bandial. He further said that Justice Isa never refused to disclose the source of funds but wanted proper mechanism. If the court held that there was malice behind the initial reference then the government has no basis to proceed in this manner, he added.

Justice Bandial also warned that if the government did not follow the procedure, the court would be finding malice. Maybe not all of us but bench members will give finding on malice, said Justice Bandial.

A member of the full court, Justice Sajjad Ali Shah, also noted that there was no harm in initiating tax proceedings in this matter, and then the SJC may be approached against the SC judge by the...