JUSTICE QAZI FAEZ ISA vs The PRESIDENT OF PAKISTAN arts — 2021 PLD 1 SUPREME-COURT

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JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 184(3) & 209(5)(b)---Income Tax Ordinance (XLIX of 2001), S. 216(3)(p)---Presidential reference against a judge of the Supreme Court ('the petitioner') pending before the Supreme Judicial Council in relation to properties bought by his spouse and children in a foreign country that were not declared in the petitioner's tax returns---Constitutional petition filed by the petitioner before the Supreme Court calling into question the constitutionality and legality of the reference against him---Tax records of the petitioner-judge and his family disclosed by Federal Board of Revenue to the assets Recovery Unit of the government---Question as to whether such disclosure was lawful, and whether the exception under S.216(3)(p) of the Income Tax Ordinance, 2001 applied to the petitioner-judge and his wife---Reasons for quashing the Presidential reference recorded. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 184(3) & 209(5)(b)---Presidential reference against a judge of the Supreme Court ('the petitioner') pending before the Supreme Judicial Council in relation to properties bought by his spouse and children in a foreign country that were not declared in the petitioner's tax returns---Constitutional petition filed by the petitioner-judge before the Supreme Court calling into question the constitutionality and legality of the reference against him---Plea of mala fides raised by the petitioner---Question as to whether the reference against the petitioner could be quashed by the Supreme Court on grounds of mala fides based on the judgment reported as Chief Justice of Pakistan Iftikhar Muhammad Chaudhry v. President of Pakistan (PLD 2010 SC 61 ref.)---Reasons for quashing the Presidential reference recorded. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 4, 90, 184(3) & 209(5)(b)---Rules of Business, 1973, R. 2(1)(ii)---Presidential reference against a judge of the Supreme Court ('the petitioner') pending before the Supreme Judicial Council in relation to properties bought by his spouse and children in a foreign country that were not declared in the petitioner's tax returns---Constitutional petition filed by the petitioner before the Supreme Court calling into question the constitutionality and legality of the reference against him---assets Recovery Unit, constitution of---Legality---Question as to whether the constitution of the assets Recovery Unit, which coordinated the collection of evidence against the petitioner-judge was lawful---Reasons for quashing the Presidential reference recorded. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 12, 184(3) & 209(5)(b)---anti-Money Laundering act (VII of 2010), Sched., section XIIa---Income Tax Ordinance (XLIX of 2001), Ss. 192, 192a, 194 & 199---Foreign Exchange Regulation act (VII of 1947) Ss. 4 & 5---Presidential reference against a judge of the Supreme Court ('the petitioner') pending before the Supreme Judicial Council in relation to properties bought by his spouse and children in a foreign country that were not declared in the petitioner's tax returns---Constitutional petition filed by the petitioner before the Supreme Court calling into question the constitutionality and legality of the reference against him---Whether the petitioner violated any provisions of anti-Money Laundering act, 2010 or the Foreign Exchange Regulation act, 1947---Reasons for quashing the Presidential reference recorded. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 4, 90, 184(3) & 209(5)(b)---Rules of Business, 1973, R. 2(1)(ii)---Presidential reference against a judge of the Supreme Court ('the petitioner') pending before the Supreme Judicial Council in relation to properties bought by his spouse and children in a foreign country that were not declared in the petitioner's tax returns---Constitutional petition filed by the petitioner before the Supreme Court calling into question the constitutionality and legality of the reference against him---assets Recovery Unit, constitution of---Legality---Question as to whether the constitution of the assets Recovery Unit, which coordinated the collection of evidence against the petitioner-judge was lawful---Reasons for quashing the Presidential reference recorded. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 48(1), 48(2), 184(3) & 209(5)---Presidential reference before the Supreme Judicial Council---Discretion and independent opinion of the President---Scope---Presidential reference against a judge of the Supreme Court pending before the Supreme Judicial Council in relation to properties bought by his spouse and children in a foreign country that were not declared in the judge's tax returns---Constitutional petitions filed by different Bar Councils, Bar associations and lawyers before the Supreme Court calling into question the constitutionality and legality of the reference against the judge---Whether the President was bound to act on advice of the Prime Minister in regard to the reference in terms of art. 48(1) of the Constitution---Reasons for quashing the Presidential reference recorded. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 48(2) & 209(5)(b)---Presidential reference against a judge of the Superior Courts---President to form an 'opinion' in terms of art. 209(5) of the Constitution before sending the reference to the Supreme Judicial Council---Meaning and scope---Whether the President could apply his independent mind or had to act on the advice of the Prime Minister---Held, that no concept of any "advice" was present in the constitutional scheme of initiating and maintaining any proceedings against a Judge---article 209(5) of the Constitution, recognised the role of only two offices/entities, the President, and the Supreme Judicial Council ('the Council')---Prime Minister had absolutely no role or participation in the entire process---Term "advice" was alien to the proceedings under article 209---article 209(5) of the Constitution did not state that President had to form an opinion on the advice of the Prime Minister, thus, it was the exclusive domain and prerogative of the President to form an opinion, whether or not to send the matter to the Council for it to hold an inquiry---President must personally and independently apply his mind as to whether a Judge had committed misconduct and, if so, whether it justified the sending of reference against him. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN Ss. 116(1)(b)---Public office holder/tax payer---Wealth statement---Assets and liabilities of the tax payer's spouse, minor children, and other dependents, declaration of---Perusal of S.116(1)(b) of the Income Tax Ordinance, 2001 revealed that the wealth in the names of the taxpayer's spouse or minor children had to be declared on account of mere existence of such relationship with the taxpayer---Dependency of such relations on the taxpayers was not a condition precedent---Scope and purpose of S.116(1)(b) of the Income Tax Ordinance, 2001. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 184(3) & 209(5)(b)---Presidential reference against a judge of the Supreme Court ('the petitioner') pending before the Supreme Judicial Council in relation to properties bought by his spouse and children in a foreign country that were not declared in the petitioner's tax returns---Constitutional petition filed by the petitioner before the Supreme Court calling into question the constitutionality and legality of the reference against him---Confidentiality of a reference---Scope---Details of the reference leaked to the media---Plea of petitioner-judge that the government and its functionaries were behind such leaks---Whether mala fides of Government functionaries in leaking details of the reference---Reasons for quashing the Presidential reference recorded. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN art. 260---Service of Pakistan---Scope---Office of Judge of the Superior Court---Such office fell within the category of "Service of Pakistan". Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 184(3), 209(5) & 209(6)---Presidential reference against a judge of the Superior Court before the Supreme Judicial Council ('the Council')---Pre-reference proceedings---Whether the Supreme Court could strike down pre-reference proceedings on judicial review grounds---Reasons for quashing the Presidential reference recorded. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 4 & 14(1)---Right to privacy---Scope---Surveillance---Collection of evidence through surveillance---Scope and permissibility. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN art. 184(3)---Constitutional jurisdiction of the Supreme Court under art. 184(3) of the Constitution---Scope and pre-requisites---In order to invoke the original jurisdiction of the Supreme Court under art. 184(3) of the Constitution, the impugned action must be shown to involve a matter of "public importance" arising from the breach of a fundamental right which affected the public at large. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN art. 209(8)---Code of Conduct for Judges of the Supreme Court and High Courts (framed by the Supreme Judicial Council under art. 209(8) of the Constitution), Preamble---Standards under the said Code extended to the judge and judge alone---Said Code had no jurisdiction over or concern with the family, relatives and friends of the judge---Judge could not be made vicariously liable for the conduct of his family. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN Person holding judicial office---Such person was a public servant. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN Preamble---Constitution of Pakistan, Art. 14(1)---Illegally collected evidence, admissibility of---Principles regarding the admission or exclusion of evidence obtained in violation of the constitutional rights. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN art. 184(3)---Original jurisdiction of the Supreme Court under article 184(3) of the Constitution---Pre-requisites -- Matter of public importance---Meaning and scope---Matter of public importance encompassed any issue affecting the legal rights or liabilities of the public or the community at large, and it was not restricted to an individual or a group of individuals, how so large the group might be. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN art. 209(5)---Presidential reference against a judge of the Superior Court sent to the Supreme Judicial Council ('the Council')---Information against the judge---President and the Council had to judge whether such information was credible before initiating an inquiry---Had the Constitutional safeguard of formation of opinion on a particular information not been made a condition precedent, no judge would be able to work with the freedom and confidence required of him in discharge of the obligation of his or her office. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 184(3), 209(5)(b) & 211---Presidential reference against a judge of the Supreme Court ('the petitioner') pending before the Supreme Judicial Council in relation to properties bought by his spouse and children in a foreign country that were not declared in the petitioner's tax returns---Constitutional petition filed by the petitioner before the Supreme Court calling into question the constitutionality and legality of the reference against him---Proceedings before Supreme Judicial Council ('the Council' )---Bar of jurisdiction of courts---Whether art. 211 of the Constitution that barred jurisdiction of courts in respect of proceedings before the Council was applicable in the present case---Held, that in present proceedings under art. 184(3) of the Constitution the Supreme Court was neither adjudicating upon the process of the Council nor quashed its notice issued to the petitioner-judge---In fact, in view of the findings recorded in the present judgment, the Supreme Court had simply abated the notice---Factual information underlying the reference did cast a smear on the petitioner's name and could not be ignored; however, without confronting the owners of the foreign properties the information was at present inchoate to form the basis of proceedings under art. 209 of the Constitution---In such circumstances, the same must be verified to test the veracity of the inference drawn in the reference about the source of funds---Nevertheless, as the reference had been quashed, the notice issued by the Council had no foundation except for the preliminary factual information contained in the reference---In this situation, the notice had rightly been abated because it also lacked the factual and legal material on which the reference was based---accordingly, art. 211 of the Constitution had no application to the available facts of the present case---Constitutional petitions were disposed of. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 48, 90, 184(3) & 209(5)(b)---Rules of Business, R. 15-a, Sched. V-B, Entry No. 35---Procedure for filing a Presidential reference before the Supreme Judicial Council---Scope---Presidential reference against a judge of the Supreme Court ('the petitioner') pending before the Supreme Judicial Council in relation to properties bought by his spouse and children in a foreign country that were not declared in the petitioner's tax returns---Constitutional petition filed by the petitioner before the Supreme Court calling into question the constitutionality and legality of the reference against him---Federal Law Minister providing authorization for investigation conducted prior to the filing of the reference---Whether such authorization was unlawful and could only be provided by the President at his discretion---Reasons for quashing the Presidential reference recorded. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN art. 176---"Public servant"---Scope---Judges of the Supreme Court were public servants. [p. 132] G3 Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 184(3), 209(5) & 211 ---Presidential reference against a judge of the Superior Court sent to the Supreme Judicial Council ('the Council')---Bar of jurisdiction under article 211 of the Constitution---Scope and purpose. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 209(5)(b) & Fifth Sched., Cl. 4---Code of Conduct for Judges of the Supreme Court and High Courts (framed by the Supreme Judicial Council under art. 209(8) of the Constitution), art. II---Federal Service Medical attendance Rules, 1990, R. 10---Supreme Court Judges (Travelling allowance) Rules, 1958, Rr. 3(4)(i) & 4(i)---Supreme Court Judges (Leave, Pension and Privileges) Order, 1997, Rr. 20, 21 & 25---UN Economic and Social Council Resolution 2006/23: Strengthening Basic Principles of Judicial Conduct, Cl. 4.7---Family members of a Judge of the Superior Court---Financial affairs---Question as to whether a Judge of the Superior Court needed to be aware/have knowledge of the financial affairs of his independent spouse and adult children---Held, that family members of a Judge were required to be careful (financially, socially and politically), moderate and fair in their dealings and exchange with others so that no controversy arose which may embarrass the Judge---High standards of propriety were expected of a Judge and his family members---Judges were supposed to have knowledge of the financial interests of their family members, however, if they did not, then they were expected to make reasonable efforts to acquire such information, moreso when they were questioned by a competent forum to explain the financial interests of their family members---accordingly, there was a continuing obligation on a Judge to keep himself informed about the financial interests of his family members. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN Similar words in two different statutes---Interpretation of a word or a phrase could not be transported from one statute to another---Comparing the language of one statute with that employed in another was unsafe, even though the subjects covered by the two may involve similarities. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 10-a, 178, 184(3), 209(5)(b) & Preamble---Presidential reference against a judge of the Supreme Court pending before the Supreme Judicial Council in relation to properties bought by his spouse and children in a foreign country that were not declared in the judge's tax returns---Constitutional petitions filed by different Bar Councils, Bar associations and lawyers ('the petitioners') before the Supreme Court calling into question the constitutionality and legality of the reference against the judge---Maintainability---Whether the petitions were maintainable---Reasons for finding the present petitions as maintainable recorded. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 209(5)(b) & 209(8)---Code of Conduct for Judges of the Supreme Court and High Courts (framed by the Supreme Judicial Council under article 209 (8) of the Constitution), Preamble---Reference against a judge of the Superior Court on grounds of 'misconduct'---Impeachable misconduct---Meaning. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 10a, 184(3) & 209(5)(b)---Income Tax Ordinance (XLIX of 2001), Ss. 116(1)(b) & 122---Code of Conduct for Judges of the Supreme Court and High Courts (framed by the Supreme Judicial Council under art. 209(8) of the Constitution), Preamble---Presidential reference against a judge of the Supreme Court ('the petitioner') pending before the Supreme Judicial Council in relation to properties bought by his spouse and children in a foreign country that were not declared in the petitioner's tax returns (wealth statement)---Constitutional petition filed by the petitioner before the Supreme Court calling into question the constitutionality and legality of the reference against him---Supreme Court unanimously quashed the reference and declared that the same was of no legal effect whatsoever, and in consequence thereof the proceedings pending in the Supreme Judicial Council ("Council") against the petitioner-judge, including the show-cause notice issued to him, stood abated---Supreme Court (with a majority of 7 to 3) gave directions to the Commissioner, Inland Revenue and Federal Board of Revenue to inquire into and seek explanation from the spouse and children of the petitioner as to the nature and source of the funds whereby the three subject properties in a foreign country were acquired in their names, and also send a report in such regard to the Supreme Judicial Council, which had the powers to, if it considered justified, to commence proceedings against the petitioner in exercise of its suo motu jurisdiction---His Lordship (Syed Mansoor ali Shah, J) observed that after quashing of the Presidential reference against the petitioner, the case set out against him came to an end---Reasons given by His Lordship for not agreeing with the majority view as to the directions given to the Federal Board of Revenue after the reference had been quashed. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 184(3) & 188---Original jurisdiction of the Supreme Court under art. 184(3) of the Constitution---Scope---Order passed by the Supreme Court under art. 184(3) of the Constitution was final and not appealable---Only medium of challenge available to a person aggrieved of such an order was the limited jurisdiction of the Supreme Court under review. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 184(3) & 209(5)(b)---Income Tax Ordinance (XLIX of 2001), Ss. 116(1)(b) & 122---Presidential reference against a judge of the Supreme Court ('the petitioner') pending before the Supreme Judicial Council in relation to properties bought by his spouse and children in a foreign country that were not declared in the petitioner's tax returns (wealth statement)---Constitutional petition filed by the petitioner before the Supreme Court calling into question the constitutionality and legality of the reference against him---Supreme Court unanimously quashed the reference and declared that the same was of no legal effect whatsoever, and in consequence thereof the proceedings pending in the Supreme Judicial Council ("Council") against the petitioner-judge, including the show-cause notice issued to him, stood abated---Supreme Court (with a majority of 7 to 3) gave directions to the Commissioner, Inland Revenue and Federal Board of Revenue (FBR) to inquire into and seek explanation from the spouse and children of the petitioner as to the nature and source of the funds whereby the three subject properties in a foreign country were acquired in their names, and also send a report in such regard to the Supreme Judicial Council, which had the powers to, if it considered justified, to commence proceedings against the petitioner in exercise of its suo motu jurisdiction---His Lordship observed that after quashing of the Presidential reference against the petitioner, there was absolutely no justification for the said directions to the FBR as they were beyond the scope of the petition---Reasons given by His Lordship (Maqbool Baqar, J) for not agreeing with the majority view as to the directions given to the Federal Board of Revenue after the reference had been quashed. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 184(3) & 209(5)(b)---Presidential reference against a judge of the Supreme Court ('the petitioner') pending before the Supreme Judicial Council in relation to properties bought by his spouse and children in a foreign country that were not declared in the petitioner's tax returns---Constitutional petition filed by the petitioner before the Supreme Court calling into question the constitutionality and legality of the reference against him---Reference based on information provided by a journalist---Plea of petitioner-judge that said journalist had a reputation of planting false stories---Question as to whether the reference had been filed against the petitioner-judge with mala fides (malice in fact)---Reasons for quashing the Presidential reference recorded. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 99(2) & 99(3)---Rules of Business, 1973---Said Rules were constitutionally mandated rules and must be followed by the Government in carrying out its functions. Citation Name: 2021 PLD 1 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN art. 209(5)---Presidential reference sent to the Supreme Judicial Council against a Judge of the Superior Court---Pre-requisites---Federal Government must set out its reasons for preparing and sending a reference against a Judge of the Superior Court---In fact, the summary and statement of reference prepared by the Ministry of Law for the Prime Minister and the President were the documents which contained these reasons---Said documents contained the crux of the reference against a Superior Court Judge, therefore they needed to be factually and legally complete---Failure to comply with such requirement would render the reference unsustainable.

JUSTICE QAZI FAEZ ISA vs The PRESIDENT OF PAKISTAN arts — 2021 PLD 1 SUPREME-COURT

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