CJP to take up curative review reference against Justice Isa tomorrow

ISLAMABAD: Chief Justice of Pakistan Umar Ata Bandial will take up curative review reference of the federal government against Justice Qazi Faez Isa tomorrow (Monday).

The incumbent government on March 30 had submitted a plea last week to withdraw the curative review.

The Pakistan Tehreek-e-Insaf (PTI) -led federal government on May 23, 2019, had moved the Supreme Judicial Council (SJC) against Justice Isa and Sindh High Court judge Justice K K Agha over non-disclosure of their families’ foreign assets in their wealth statements.

However, in June 2020, a 10-judge bench, headed by Chief Justice Umar Ata Bandial, with the majority of 6 - 4 had quashed the presidential reference filed against Justice Isa, as well as, the SJC proceedings that were started on the basis of the reference.

“Reference No 1 of 2019 is declared to be of no legal effect whatsoever and stands quashed, and in consequence thereof the proceedings pending in the SJC against the petitioner (Justice Isa) including the show-cause notice dated 17.07.2019 issued to him stand abated,” had said a short order.

Prime Minister Shehbaz Sharif on March 30 ordered the withdrawal of the curative review reference against Supreme Court’s senior-most judge Justice Qazi Faez Isa as the government decided to not pursue the matter further.

The federal cabinet had already approved the decision. “The Prime Minister has directed Law Minister Senator Azam Nazir Tarar to withdraw the curative review reference against Justice Qazi Faez Isa,” read an official statement issued by the Prime Minister Office.

According to the statement, the premier said that Justice Isa and his family were harassed and defamed in the name of presidential reference. “This was not a reference, it was a revenge action by [ex-PM] Imran Niazi, a vindictive person, against a fair-minded judge who followed the path of the Constitution and the law,” PM Shehbaz said while ordering to take back the case.

He furthered that filing of reference was “a nefarious conspiracy to divide the independence of the Judiciary and divide it,” saying the Pakistan Muslim League-Nawaz (PML-N) and allied parties had condemned the “false reference” even during the opposition period. “Imran Niazi misused the constitutional office of President for this criminal act,” Shehbaz said, adding that “President Arif Alvi became an instrument in the attack on the Judiciary and an accomplice to a lie.”

He maintained that the lawyers’ organisations, including the Pakistan Bar Council, had also opposed it, saying the government respects their opinion.

Copyright Business Recorder, 2023