Justice Faez Isa’s case hearing completed verdict today at 4 pm.
The Supreme Court of Pakistan has completed the hearing on the petition against the presidential reference of Justice Qazi Faez Isa and has announced to deliver the verdict at 4 o'clock.
Concluding the hearing of the case on Friday, Justice Umar Ata Bandial said that we would deliver the verdict at 4 pm today after consulting the judges. If there is a consensus among the judges, the verdict will be announced.
Earlier, the FBR tax record of Justice Qazi Faez Isa’s wife has been submitted by the government in a sealed envelope.
Munir A. Malik, counsel for Justice Faez Isa, submitted the documents shown by Mrs. Faez Isa in the court yesterday.
A ten-member full-court headed by Justice Umar Ata Bandial is hearing the petitions filed in the Supreme Court seeking a stay of the reference proceedings against Justice Qazi Faez Isa.
When government counsel Farogh Naseem submitted the documents, Justice Umar Ata Bandial said that he would not review the envelope yet and would not pass an order on it.
Munir A. Malik, while initiating counter-arguments, said that it was not clear what the government’s case was.
In the Iftikhar Chaudhry case, there were allegations of malice against the Supreme Judicial Council. The Supreme Judicial Council had not given any verdict on malice. I hope I don’t have to talk about the malice of the Judicial Council. Justice Qazi Faez did not attribute his wife’s property to himself.
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Munir A. Malik said that husband and wife are responsible for their assets in elections and NAB laws. Farogh Naseem said that Justice Qazi Faez delayed coming to the Supreme Court. Unfortunately, Farogh Naseem got on the wrong bus.
Munir A. Malik said that instead of the government going to FBR, the Supreme Judicial Council came. Let the FBR do its job. We have never stopped. Justice Qazi Faez Isa challenged the reference out of respect for himself and the judiciary.
“We want the judiciary to quash the reference against Justice Qazi Faez Isa,” he said. There is a difference between the orders of the Supreme Judicial Council and the show-cause notice. Farogh Naseem said that his real case is not what is in the reference.
The letter from Justice Gibraltar’s wife and her dismissal were cited. Justice Gibraltar linked himself to his wife’s campaign. Justice Faez Isa never attributed his wife’s property to himself. In the election and NAB laws, the husband is responsible for the wife’s assets.
Munir A. Malik said that it was stated by the public prosecutor that no show cause notice was issued in the Iftikhar Chaudhry case. First of all, there is no mention of the show cause notice in Article 209.
Secondly, the Supreme Judicial Council had issued a summons to Iftikhar Chaudhry. The Supreme Judicial Council cannot review the conduct and malice of the President. The job of the Supreme Judicial Council is only to determine the facts.
Justice Maqbool Baqar remarked that the question of constitutional protection was very important to the Judicial Council after the show cause notice. Justice Yahya Afridi asked why the Supreme Court was approached after responding to the show cause notice.
Munir A. Malik replied that the Supreme Judicial Council could not provide the relief required by Justice Faez Isa.
He went on to argue that the Prime Minister had no authority to form a new body or agency. The rules needed to be amended to create an asset-recovery unit.
The TORs of the Assets Recovery Unit is against the law. Without formal legislation, an institution like an asset recovery unit cannot be created.
After concluding his arguments on the reply of Justice Faez Isa’s counsel Munir A. Malik, Supreme Court Bar counsel Hamid Khan said in his arguments that Islam gives every man and woman the right to own property. He quoted the verse of Surah An-Nisa in the court.
After the arguments of SC Bar lawyer Hamid Khan were completed, Sindh Bar Council lawyer Raza Rabbani gave arguments and said that the impression was given that ARU is a legal force. According to the government, the prime minister can form an institution. The Prime Minister can form a ministry or a division. The agencies mentioned in the rules are already established.
Raza Rabbani said that the ARU unit had been given unlimited powers. According to the notification, ARU is protected by the decision of the cabinet. No legislation has been made for ARU.
As soon as Raza Rabbani’s arguments were completed, Peshawar High Court Bar lawyer Iftikhar Gilani also gave arguments.