SC suggests way out to govt in Justice Isa case.

Byline: Nasir Iqbal

ISLAMABAD -- In a clear message that the presidential reference against one of their brother judges may not survive due to legal defects, the Supreme Court on Tuesday proposed to the government a way out by considering exhausting tax remedies first for not declaring three offshore properties by the judge's wife.

Let the Federal Board of Revenue (FBR) ask her about the source of income and if the lady gives a satisfactory response, then the reference is over, otherwise the Supreme Judicial Council (SJC) may resume the inquiry, suggested Justice Umar Ata Bandial, who is heading the 10-judge full court hearing a set of challenges to the filing of the presidential reference against Justice Qazi Faez Isa.

In case the government acceded to the proposal, the SC would then seek consent from Advocate Muneer A. Malik, who is representing the petitioner judge, Justice Bandial added.

Dr Farogh Nasim, representing the federal government, sought a day's time to seek instructions from the client and respond to the proposal. When he asked how much time the court was willing to afford to complete the tax process at the appropriate forum, Justice Bandial replied that they would have two full months at their disposal to pursue the tax proceedings when the SC would be on the summer vacation.

Minister-turned-lawyer seeks a day's time to respond to proposal

Justice Bandial observed that if the government's prime concern was to know the sources of funds to acquire the properties, it was only possible through the proper mechanism which was tax proceeding. But instead of issuing a notice under Section 114 or 116 of the Income Tax Ordinance (ITO) to the judge's wife for not declaring the properties, the government went straight to the SJC against the apex court judge, he observed.

He highlighted that if the government insisted on proceeding with the matter, then the issue regarding malice, collection of material against the judge through illegal means, covert surveillance as well as smear campaign may surface. He observed that the counsel representing the government must have realized that not all but some members of the bench could write something about it.

'And you should know also that it will have serious consequences,' Justice Maqbool Baqar said, adding that he himself would have no objection if the due legal process had been followed.

Justice Faisal Arab and Justice Sajjad Ali Shah also supported the proposal, stating that the bench did not...