JUSTICE QAZI FAEZ ISA vs The PRESIDENT OF PAKISTAN arts — 2021 PLD 667 SUPREME-COURT

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JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 188 & 209(5)(b)---Review petitions before the Supreme Court challenging the directions given to the tax authorities by the Supreme Court to conduct an inquiry into the foreign assets of petitioner judge's family members and submit a report to the Supreme Judicial Council despite quashing of Presidential reference against the petitioner-judge---By way of the impugned directions contained in paras 4 to 11 of the short order (reported as PLD 2020 SC 346), along with supporting detailed reasons given in the majority judgment (reported as PLD 2021 SC 1), the Supreme Court directed the Commissioner, Inland Revenue and Federal Board of Revenue to inquire into and seek explanation from the spouse and children of the judge as to the nature and source of the funds whereby the properties in a foreign country were acquired in their names, and also send a report in such regard to the Supreme Judicial Council, which it was held had the powers to, if it considered justified, to commence proceedings against the judge in exercise of its suo motu jurisdiction---[Per Maqbool Baqar, J (Majority view)]: Impugned directions contained in paras 4 to 11 of the short order (PLD 2020 SC 346), and other connected matters along with supporting detailed reasons given in the majority judgment (PLD 2021 SC 1), of the same date were recalled and set-aside---all the subsequent proceedings, actions, orders, information and reports in pursuance of the directions contained in the short order (PLD 2020 SC 346), and the detailed reasons thereof (PLD 2021 SC 1), were declared to be illegal and without any legal effect---Resultantly, the Supreme Court directed that any such proceedings, actions, orders or reports could not be considered or acted upon and pursued any further by any forum or authority including the Supreme Judicial Council]---[Per Yahya afridi, J, agreeing with the Majority view: Directions contained in paragraphs Nos. 4 to 11 of the short order (PLD 2020 SC 346), and the detailed judgment (PLD 2021 SC 1), and other connected petitions were recalled---Consequently, all the subsequent proceedings, actions, orders and reports made in pursuance to the said directions were declared to be of no legal effect and/or consequences]---Review petitions were allowed accordingly.

JUSTICE QAZI FAEZ ISA vs The PRESIDENT OF PAKISTAN arts — 2021 PLD 667 SUPREME-COURT

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