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Justice QAZI FAEZ ISA vs PRESIDENT OF PAKISTAN arts — 2022 PLD 119 SUPREME-COURT

Case information

Citation
2022 PLD 119 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
PLD
Parties
Justice QAZI FAEZ ISA vs PRESIDENT OF PAKISTAN arts
Subject matter
Tax & Customs
Provisions referred to
S. 116; Income Tax Ordinance (XLIX of 2001)

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 PRESIDENT OF PAKISTAN arts. 184(3), 188, 209(5)(b) & 209(8)---Income Tax Ordinance (XLIX of 2001), S. 116(1)(b)---Review petition 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 Judge---Maintainability---Said review petition was not maintainable as the locus standi of the petitioner-Judge to invoke the original jurisdiction of the Supreme Court under art. 184(3) of the Constitution, as well as the review jurisdiction therein, stands eclipsed till he holds the office of a Judge of the Supreme Court; for he owes an obligation under clause (8) of art. 209 of the Constitution to observe the Code of Conduct issued by the Council for Judges of the Superior judiciary, that, inter alia, requires him to avoid being involved in litigation, for himself or even on behalf of others, which includes public interest litigation under art. 184(3) of the Constitution---Object is to avert any chance of a Judge of the Superior judiciary being placed in a position, where his conduct may be seen as unbecoming of a Judge, glimpses of which were seen during the proceedings of the present review petitions---Review petition filed by the petitioner-Judge was held to be not maintainable.

Other judgments reported in 2022 PLD

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