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| Detailed decision in Serena Issa review case: Supreme Court ordering FBR to investigate was wrong |
The Supreme Court has issued a 45-page detailed judgment in the case of Justice Qazi Faiz Issa. The court had given a brief verdict in the case on April 26, 2021 and now, nine months and two days later, has issued a written decision on the review petitions, in which Justice Yahya Afridi has written an additional note.
A ten-member larger bench of the apex court ruled in favor of Serena Issa by a margin of six to four and the court said that the review petitions of Serena Issa, wife of Justice Qazi Faiz Issa, were accepted by a majority. Justice Maqbool Baqir, Justice Mazhar Alam, Justice Mansoor Ali Shah and Justice Aminuddin wrote the verdict.
Additional note from Justice Yahya
Afridi
Justice Yahya Afridi wrote in his additional note that on the illegal instructions of (former) chairman of the East Recovery Unit Barrister Shehzad Akbar and Law Minister Forough Naseem, the tax authorities also openly violated the right to privacy regarding taxes in the case of Serena Issa. What has been trampled on? The additional note clearly states that in the case against Shehzad Akbar and Forough Naseem Serena Issa, they have committed breach of tax privacy law.
Referring to the violation of the Constitution and the law by the Law Minister and Chairman ARU, Justice Yahya Afridi wrote that despite the unanimous declaration of their actions by this court as unconstitutional and illegal, they remained in office. Rakhna clarifies the involvement of the Prime Minister in these violations.
In the note, Justice Yahya Afridi directed the Supreme Court to send a report on the tax received by the FBR to the Supreme Judicial Council and direct that a decision be taken on its basis. Is. According to Justice Afridi, the council can consider the information obtained on its own whether it should investigate the role of a judge. Giving instructions to the Supreme Judicial Council on the report of the tax authorities makes this court itself a 'complainant' instead of a 'decision maker'.
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| Detailed decision in Serena Issa review case: Supreme Court ordering FBR to investigate was wrong |
The Income Tax Ordinance 2001 has been violated by directing the tax authorities to investigate the judge's wife and their children. However, the tax authorities have the right to independently investigate any judge under this ordinance and not in the light of the instructions of the authorities above. An instructional investigation is a punishable offense. Barrister Shehzad Akbar, Forough Naseem and the tax authorities who are following such illegal instructions will have to bear the brunt of serious consequences like giving illegal instructions in this case.
According to the additional note, the council has full authority to take action against the self-appointed judge or any judge.
According to Justice Yahya Afridi, neither the petitioning judge (Justice Qazi Faiz Issa) nor any other judge has the power to become a petitioner in this court under Article 184 (3) of the Constitution. According to the additional note, the verdict of this court against Serena Issa, her daughter and son is withdrawn. And the instructions, actions and reports based on it will have no effect on the rights and responsibilities of Serena Isa and her children.
What is stated in the detailed
judgment?
The verdict states that the verdict is pronounced in clear words that no one including the judge of this court is above the law, no matter who is the judge of this court, he cannot be deprived of his legal right, every citizen has his life, freedom. , Has the right to be treated in accordance with the law on reputation and property, while Articles 9 to 28 of the Constitution protect the fundamental rights of every citizen.
The verdict further said that accountability of the judiciary is necessary but it should be in accordance with the law, open court is like a house of glass, judges give verdicts openly against elders. The verdict said that Serena Issa was not asked in the statement to send the case to FBR. Serena Issa was not given full right to be heard on the most important issue. However, Serena Isa cannot be deprived of her constitutional rights. Decisions in accordance with the law will only increase the confidence of the people in the judiciary.
The judgment stated that the proceedings of the Judicial Council would not affect the appeal against the FBR. It was also possible that Justice Faiz Issa would have been dismissed on the report of the Chairman FBR. The appeal could have been in favor of Serena Isa. Justice Faiz Issa would have retired by the time the appeal was decided after his dismissal. It was also possible that the Supreme Judicial Council would not have accepted the FBR report.
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