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. 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---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 if it considered justified, to commence proceedings against the petitioner in exercise of its suo motu jurisdiction---Reasons for referring the matter to the Federal Board of Revenue notwithstanding the quashing of the Presidential reference.

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