AGP accuses judge of violating income tax law

Attorney General of Pakistan (AGP) Anwar Mansoor Khan urged the apex court to allow the Supreme Judicial Council (SJC) to determine whether the properties belonged to or were financed by Justice Qazi Faez Isa, and whether it came under the definition of misconduct or not. Justice Yahya Afridi questioned what is exactly and precisely the allegation in the reference against Justice Isa?

Citing para 7 of the reference, the AGP said Justice Isa has not declared the properties in his wealth statements and also not disclosed the source of income used to purchase them therefore money laundering could not be ruled out.

He argued that the judge is thus found committing violation of Section 116(2) of Income Tax Ordinance, 2001, which entails penal consequences.

Justice Afridi remarked in the reference against the judge the charge has to be specific. He asked: will it be correct to say that the allegation is violation of Section 116 of ITO? The AGP said: "no".

It is about purchase of properties and transfer of funds, he added. There are multiple reasons to say that the properties do belong or are financed by the judge.

As no ultimate conclusion could be drawn by the executive, including the president, therefore the matter was referred to the SJC. There is no animosity against anyone, he said, and added these are questions of facts, though proper evidence was bought before the council.

It is for the SJC to act and call for more evidence from any source. The AGP said he had tried to act with some grace, while there was unprecedented attacks on the judges by the counsel for the other side due to that two judges had to recuse themselves from the bench.

During the course of proceedings, the attorney general made a statement against the bench members, which was strongly reacted by the judges that compelled him to withdraw it later on.

Justice Maqbool Baqir directed the media not to publish the AGP's statement, since it has been withdrawn. The attorney general hoped that all the judges will act fairly and justly in this case.

A 10-member bench, headed by Justice Umar Ata Bandial, heard identical petitions challenging presidential reference against Justice Isa for allegedly not disclosing his foreign properties in wealth statements. Besides the apex court judge, the Pakistan Bar Council, the Supreme Court Bar Association, the Bar Councils and Association of Punjab, Sindh and Balochistan, and Abid Hassan Minto, and IA Rehman have also challenged the presidential reference against Justice Isa.

He argued that judges require greater level of honesty, intellect and law abiding. The constitution makers wanted that the judges' matters be decided by the peer judges, while the executive is kept apart from it.

He stated that Justice Isa in his petition wrote that "I am not bound by the 'mistake' made by my spouse." He submitted that first property was purchased in 2004 and title renewed in 2011 in the name of Zarina Montserrat Khoso Carrera and the daughter. The two other properties were purchased in 2013 in the name of spouse along with Sehr Isa Khoso, daughter, and Arsalan Isa, son. He said that Zarina Montserrat Khoso Carrera's name was not registered in Pakistan.

Justice Mansoor Ali Shah said the question before the apex court is that the process was not followed in collection of material for filing a reference.

But you are arguing the merit of the case, he said. The AGP replied that he is describing the factors that led to the filing of the reference.

The SJC has issued him notice as he says the properties are not in his name but admitted in details about them. Justice Mansoor questioned how the authorities came to know about the properties, if the petitioner's wife's name Montserrat Khoso Carrera was not known to them.

The council has to examine whether the properties are genuinely in the petitioner's name and whether he ought to have declared them in his wealth statements. The petitioner has sought to knock out the reference on technical grounds.