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

Case information

Citation
2021 PLD 1 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
PLD
Parties
JUSTICE QAZI FAEZ ISA vs The PRESIDENT OF PAKISTAN arts
Subject matter
Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 4, 9, 10-a, 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---Maintainability---Fundamental right of the general public which was claimed by the petitioner to be under threat was the derivative right of the independence of the judiciary---Said right was an essential prerequisite for the enjoyment of, inter alia, the principal fundamental right to access justice which was guaranteed to the people by arts. 4, 9 & 10-a of the Constitution---In the absence of independence of the judiciary, all other facets of the right to access justice were essentially rendered null and void---Unlawful infringements of art. 209 of the Constitution eroded the independence of the judiciary which was directly connected with the right to access justice---Present petition, therefore, satisfied the two-fold requirements of art. 184(3) of the Constitution, and was accordingly maintainable.

Other judgments reported in 2021 PLD

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