SC quashes presidential reference against Justice Isa.

ISLAMABAD -- The Supreme Court on Friday quashed the presidential reference filed against Justice Qazi Faez Isa for non-disclosure of his family members' properties in wealth statements.

The 11-page short order announced by Justice Umar Ata Bandial. The detailed verdict would be announced later.

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

It was stated that the reasons of the order would be issued later.

Justice Maqbool Baqar, Justice Mansoor Ali Shah, and Justice Yahya Afridi did not endorse the view of the seven judges pertaining to referring the matter to the FBR.

Justice Yahya Afridi dismissed Justice Isa's petition against the reference but he accepted all the pleas of bar associations against the same.

The court, in its order, stated,"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."

Justice Umar Ata Bandial, Justice Manzoor Ahmad Malik, Justice Faisal Arab, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah, Justice Munib Akhtar and Justice Qazi Muhammad Amin Ahmed made the following orders as the further Order of the Court: "Within 7 days of this Order, the concerned Commissioner of Inland Revenue shall himself (and not some other officer exercising delegated powers) issue appropriate notices under the Income Tax Ordinance, 2001 ('2001 Ordinance') to the spouse and children of the Petitioner to offer an explanation regarding the nature and source of the funds (separately for each property) whereby the three properties in the United Kingdom (viz., No. 40, Oakdale Road, London E11 4DL; No. 90, Adelaide Road, London E10 5NW; and No. 50, Coniston Court, Kendal Street, London W2 2AN) that are in the names of the spouse and the children were acquired. For purposes of this Order the Commissioner Inland Revenue having jurisdiction over the spouse of the Petitioner (who must be a Commissioner exercising jurisdiction and performing functions at Islamabad) shall be deemed also to be the...

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