ISLAMABAD: The Supreme Court Monday accepted petitions challenging its last year’s order of referring the case to the Federal Board of Revenue (FBR) with directions to begin tax proceedings against the children and spouse of Justice Qazi Faez Isa.
A larger bench, comprising of 10 members headed by Justice Umer Ata Bandial, accepted the review petitions filed by Justice Qazi Faez Isa and several Bar Associations against its decision of June 19, 2020.
Members of the bench were Justice Manzoor Ahmed Malik, Justice Maqbool Baqir, Justice Mazhar Alam Miankhel, Justice Sajjad Ali Shah, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Sajjad Ali Shah, Justice Yahya Afridi, Justice Qazi Muhammad Amin Ahmed, and Justice Amin Uddin Khan.
Five judges decided to dismiss the review petition of Justice Qazi Faez Isa while five decided otherwise. A decision taken by majority six set aside the last year’s order referring the matter to the FBR.
“By a majority of six to four (Justice Sajjad Ali Shah, Justice Munib Akhtar, Justice Umar Ata Bandial, and Justice Qazi Muhammad Amin Ahmed dissenting), the review petitions, except as mentioned below, are permitted”, announced Justice Umer Ata Bandial.
Five judges – Justice Syed Mansoor Ali Shah, Justice Manzoor Ahmed Malik, Justice Maqbool Baqir, Justice Mazhar Alam Khan Miankhel, and Justice Amin-ud-Din Khan – recalled the order of June 19, 2020, by allowing the review petitions.
The judgment held that all the following proceedings, orders, actions, reports, and information in pursuance of the directions in the short order dated Jun 19, 2020, and the detailed reasons to come, are declared to be null, illegal, and without any legal impact.
“Resultantly, any such proceedings, orders, actions, or reports cannot be considered, acted upon and pursued further by any authority or forum, including the Supreme Judicial Council”, the five judges held.