FBR shelved complaint against Justice Isa amid reprisal fear, says govt

Sandra Loyd

ISLAMABAD: The counsel for the federal government in the governmental recommendation against Justice Qazi Faez Isa on Wednesday stated that the Federal Board of Profits (FBR) did not examine a 2019 complaint against the judge, implicating him to be the helpful owner of numerous residential or commercial properties in London, “out of fear”.

According to Lawyer Farogh Naseem, in 2019, one Waheed Dogar submitted a complaint with the Assets Recovery System (ARU) relating to the matter and composed a letter. The discovery triggered the judge to inquire about the authority who authorised such a query.

” Inform us, who permitted to Dogar to carry out a query [into the matter],” questioned Justice Mansoor Ali Shah.

The question came as the full- court bench of the Supreme Court resumed hearing in the recommendation against Justice Isa who is supposedly in possession of 3 concealed off-shore residential or commercial properties. The federal government argues that it is a confessed truth that a judge stands guilty of misbehavior if he can not show a money path for the acquisition of the residential or commercial properties in the name of his spouse and children.

Justice Shah likewise asked how did the ARU launch a query in the matter. To which, Naseem reacted that the ARU is supported through appropriate legal provisions and after 1988, the record of every property in London is open.

Justice Umar Ata Bandial remembered that Justice Isa is not dealing with an accusation of corruption, however of not exposing his possessions in London. Naseem reacted by stating: “Justice Isa’s wife and children also didn’t declare the London property.”

He continued that in spite of the judge coming from a wealthy family, his earnings records do not reveal farming tax paid on the land under his possession.

“Why did the FBR not take action in the case,” Justice Maqbool Baqir questioned. “The FBR was scared if they acted against a judge, they will be facing legal action,” Naseem responded.

The hearing was consequently adjourned.


The federal government in May in 2015 submitted different recommendations with the Supreme Judicial Council (SJC) against 2 Supreme Court judges, Justice Isa and Justice Karim Khan Agha, implicating the 2 judges of hiding their possessions and advise action against them under Short Article 209 of the Constitution.

According to Article 209, if the SJC discovers the judge to be “incapable of performing the duties of his office or has been guilty of misconduct”, the president might eliminate the stated judge from office.

Consequently in August, Justice Isa approached the pinnacle court and requested it to form a full- court bench consisting of all qualified judges to hear his petition against the recommendation while implicating then primary justice of Pakistan Asif Saeed Khosa of “showing personal bias against him”.

He had actually argued that a judicial precedent for making up a bench consisting of the full court is currently available in former chief justice Iftikhar Chaudhry vs the president of Pakistan through secretary and others.

Later On in September, he moved another petition making a comparable demand. The judge was of the view that matters told in accompanying civil various application dated August 26– “which may for the sake of brevity be read as a part hereof”– shows the requirement for hearing by such a full- court bench.

“The petition also raises a number of important constitutional questions, including that of the independence of the judiciary, the formation of an independent opinion by the president, obtaining federal cabinet’s approval and other vital issues of surveillance, and the manner and method of collecting evidence against a judge of the Supreme Court and his family,” he had actually stated.

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