SC quashes presidential reference against Justice Qazi Faez Isa.

ISLAMABAD -- The Supreme Court of Pakistan on Friday dismissed the presidential reference against Justice Qazi Faez Isa in the Supreme Judicial Council and accepted his petition seeking the reference's dismissal. A detailed verdict will be announced later.

The short verdict was announced by Justice Umar Ata Bandial, leading the 10-judge full court bench hearing the case. The other members of the bench include 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.

The case was wrapped up after Justice Isa's spouse Sarina Isa provided the money trail pertaining to her foreign properties and the Federal Board of Revenue (FBR) provided its input on the matter.

The judges unanimously declared the proceedings of the Supreme Judicial Council and its show-cause notice as abate. Seven judges on the bench have, however, referred the matter to the Federal Board of Revenue asking it to initiate tax proceedings against Justice Isa's wife and two children.

'Subject to what is stated below, the Order of the Court is that Reference No. 1 of 2019 is declared to be of no legal effect whatsoever and stands quashed, and in consequence thereof the proceedings pending in the Supreme Judicial Council ('Council') against the Petitioner in CP 17/2019 (including the show-cause notice dated 17.07.2019 issued to him) stand abated'

Seven judges referred matter to the FBR for tax proceedings against Justice Qazi Faez Isa's wife and children, however, three judges Justice Maqbool Baqar, Justice Syed Mansoor Ali Shah and Justice Yahya Afridi did not endorse majority view to refer matter to FBR.

The short verdict announced by the top court ordered the concerned Commissioner of Inland Revenue shall himself issue appropriate notices under the Income Tax Ordinance, 2001 ('2001 Ordinance') to the spouse and children of the Justice Qazi Faez Isa to offer an explanation regarding the nature and source of the funds separately for each property that are in the names of the spouse and the children were acquired.

The short verdict stated that, 'The notices shall be served at the official residence of Justice Qazi Faez Isa at Islamabad through courier service and such other means as may be considered appropriate and shall be deemed served on the respondents when received at the said address.'

It...