Justice Qazi Faez Isa judgment: winners and losers | Talat Hussain
Syed Talat Hussain
1. What does Justice Faez Isa get out of the Supreme Court verdict?
He gets redemption and endorsement of his plea that this reference was only aimed at destroying him as a judge was simply worthy of being trashed. Also, he becomes a symbol of resistance to the executive’s manipulation and engineering.
2. What does he not get out of it?
He doesn’t get a full burial of the issue of “properties”, “money”, “trail” etc. With seven judges asking FBR to investigate his wife’s tax returns and send fresh notices, the matter is allowed to linger. Also involving Supreme Judicial Council in tax matters of Justice Faez’s wife who is an independent tax payer is bizarre, to say the least. This means the judge continues to be held to account for his wife’s assets. Seven judges on this side of the argument and one dismissing his petition while accepting others against the reference should tell Justice Faez about the real state of affairs of the brotherhood of the judges. He can ask: Why couldn’t the court simply call the FBR chairman and look at the tax declarations of the wife already made? But I guess he knows the answer.
3. What does the judiciary get out of it?
Rare appreciation, which is all the more precious because it has come after the dark, dreary and scandalous years of Saqib Nisar and Asif Saeed Khosa’s tenures. During the proceedings, judges got the opportunity to speak their minds showing reflections of institutional pride and personal probity. But in the end 7 vs 3 - 1 equals a balancing act that has been the bane of judicial conduct in the past. How and what they write in the detailed judgment and dissenting notes will now weigh them in the scale of honesty of purpose and individual character. For now, by sending the matter to FBR and quashing all previous findings on Justice Isa’s wife tax matters, a door has been left open for fresh shenanigans to start. Will Qazi Faez Isa, who reportedly outrightly rejected the idea during proceedings of the matter being sent to FBR, accept this ‘middle and muddied ground’?
4. What does it mean for the pack that assaulted a judge’s honor and dragged his family’s name in the mud?
President Alvi and Prime Minister Imran look even smaller today than they looked ever before. They spearheaded a treacherous reference and became part a campaign of slander and sleaze and today that reference is knocked out. Real men would have resigned; lesser ones would have apologized. But they would do neither. As for Mr. Farogh, the in and out law minister who equates Altaf Hussain with Nelson Mandela, Mr. Akbar, the imposter according to Justice Isa’s description, Mr. Mansoor ex-Attorney General and now hiding and that shady character Dogar whose name was used to commit the original sin, it is a day of judgment. But it does not matter to them. They are in this role precisely because they are chronically short on shame.
5. So has the farce ended?
This one has. The new one starts with the FBR probe. The only thing this system’s rulers learn from their mistakes is that they should make more mistakes. Justice Qazi Faez Isa has won an important battle, but the war against him is still on.
جسٹس قاضی فائز عیسیٰ کے کیس کو ایف بی آر کو بھیج کر اور سپریم جوڈیشل کونسل کو انوالو کر کے ایک کھڑکی کھلی چھوڑی گئی ہےتاکہ بوقت ضرورت استعمال کیا جا سکے۔۔
ReplyDeleteWell written Talat sahb by covering all dimensions , both for Esa and incumbent government
ReplyDeleteIt's a matter of tax law b/w Mrs Esa & her returns to FBR. Her declaration in 2018 tax returns eases the matter.
ReplyDeleteFBR sending notice & getting details of her property. If As she can answer. SJC watches & ensure law takes its place. Max they can put up a plenty. Which is defendable in FBR/Tribunal/HC/SC.
Thus SC established that she is an independent tax payer too.
SJC ensure it is like that!
Nothing to do with Judge Sb.
For me, the matter is closed & shut for Judge Sb. But let's see what SC write on the people who made this reference??
Your analysis seems logical
DeleteSee the broader picture, deep state wanted to malign his character to make Qazi Faiz future decisions controversial. They won on two front
Delete1. Establishing that Qazi Faiz is not neutral and in future he cannot take on important cases specially of illegal activities by deep state.
2. Paving a way - bypass cases into FBR through presidential reference
Today people of Pakistan lost to deep state. Yet again !!!
Described well
ReplyDelete1. I got to worry if this is how institutions shall be "normalized" as mentioned after the latest Corp Commanders conference.
ReplyDelete2. SC is playing the price for declaring the premier sadiq & ameen when he really isn't!
3. Justice Qazi Isa's Faizabad judgment in Faizabad Dharna back-fired and he should have avoided it as it was a 'controlled' tactical move by the agencies to achieve an objective. His being rightful critical of the corporate empire of the Armed forces citing his criticism of DHA as neither the constitution allows it nor the Army Act and it's money trail has never been sought also added fuel to the fire- how can you ever question the capital when an elected government does not ever know how the budget is being spent.
4. While the Deep State was trying to teach the SC a lesson to mind its own affairs - this was a wrong strategic move on their part even when the tactical objective was achieved because we know what havoc lawyers in this country can bring including bringing down governments - especially with all the 'unease' that exists out there.
5. SC could have sacrificed a judge and in return held all the 'general's accountable and sought the money trail, seed money of their corporate empire as it is a conflict of interest- but that would have opened a whole another pandora's box which the country!
Moral of the story: SC has been normalized to much extent!
SC has not decided it as a case of the petitioner but has now expanded scope of inquiry against judge sb and his family which is against all canons of justice because family was not party nor they were answerable to SC. The PM is minister finance. FBR is his subordinate —- this order practically sets up a “”JIT” for Justice Isa and practically tells govt—file another reference but don’t repeat previous After 75 days Justice Isa will be before same “biased SJC”. The proceedings in FBR are against the wife of J. Isa. She isn’t even a subject of the SJC. SJC has only one jurisdiction and that is on the judges. But how can they give a dispensation to a judge’s wife which they aren’t empowered? They have been witnessing the worst witch-hunt of modern times, and this is what they come up with?
ReplyDeleteSir its over Justice Qazi Faiz Essa sb. FBR will enquire from Spouse and children, who have justification. Its merely eye wash for govt.
ReplyDeleteHow and what they write in the detailed judgment and dissenting notes will now weigh them in the scale of honesty of purpose and individual character,Exactly it will course the meaningful understandings
ReplyDeleteNice analysis of the situation. In addition, FBR is subordinate institution of Govt which itself is a party in this case!
ReplyDeleteرات میخانے میں رہے صبحدم توبہ کر لی
ReplyDeleteرِند کے رِند رہے اور ہاتھ سے جنت نہ گٸ
سپریم کورٹ کا فیصلہ آدھا تیتر اور آدھا بٹیر ہے۔اب چونکہ یہ فیصلہ پبلک ڈومین بن چُکا ہے۔لہزا اس فیصلہ کی ہیٸت کذاٸ پرسپریم کورٹ نے خود کو جان بوجھ کر تنقید کے نشانے پر رکھ دیا ہے۔۔یہ ایک ایسا فیصلہ تھا جس کے ذریعہ ایک طرف تو اللہ کو بھی خوش کرنے کی کوشش کی گٸ ہے تو دوسری طرف شیطان کی دل ازاری سے اجتناب کیا گیا ہے۔
There might be apprehension but I do believe in FBR there are the officers of integrity and CSS qualified they definitely know the pros and cons of any tempering secondly govt or deep state is not in position to go on with confrontation because of deterioration in political and economical conditions day by day so don't be scary, Qazi is the victor
ReplyDeleteYou mean the officers of integrity who awarded 3 years salary as bonus to themselves as reward for not meeting the tax collection targets?
DeleteCSS has sadly become a stamp of merit in this country where any legal illegal deed is justified for the civil "servants" just because they cleared an exam.
FBR is corrupt to core. They send fake notices to individuals and companies to settle outside the court for extra income.
Deleteاس سارے معاملے میں صرف ایک بات مجھے سمجھ نہیں آرہی یہ فروغ نسیم جسے لوگ علامہ کا فتنہ دہے ہوئے ہیں اور جسکی قابلیت کی لوگ مثالیں دیئے پھرتے ہیں اتنا نالائق ہے کہ اس سے کیس ہی نہیں سنبھالا گیا۔ اس افلاطون کے بچے نے یہ نہیں سوچا کہ جائیداد کی تفصیل جب انٹرنیٹ پر 20 پائونڈ دے کر مل جاتی ہے تو بلاوجہ جاسوسی کیوں کرائی۔ وہ سانڈھ شہزاد اکبر کی تو عقل تو چلو گھانس رنگ گئی ہوئی تھی لیکن عمران خان فروغ نسیم سے نہیں پوچھے گا اوئے تو کہاں کا وکیل ہے جو یہ چول۔ماری۔
ReplyDeleteFBR--> NAB now wife is a civilian so are the kids. Whole SC is corrupt
ReplyDeleteBeautiful writing , precise and clear. Didn't confuse audience with high class English or high class dramatical philosophical analysis which journalists normally do.well done Talat SB .
ReplyDeleteWe are a highly polarized nation. There are two main camps but both take reference from Nawaz Sharif i.e. anti-Nawaz and pro-Nawaz as there was time for anti-PPP and pro-PPP.
ReplyDeleteHighly educated people even don't change sides from case to case.
No institution in Pakistan is free of corruption. Deep state is an organized one and maintains the records of all the big ones but keeps its eyes closed even if some thing goes against the state just like Altaf Hussain but when some one starts playing by coming out of crease he is caught. This is the case of the same nature. You yourselves are making properties abroad and writing high moral sagas in your verdicts. This excuse that my wards and wife are independent is very very lame excuse and every body knows this trick is being used by corrupt people from the day corruption started.
When full court indicated that they are sending the case to FBR for verification the un-cooperative and independent wife of the respondent immediately agreed to disclose much denied details of the transactions in a bid to block the investigation by FBR.
Present reference is quashed just to facilitate the state organs to investigate and file a new reference if required and it will be now evidence based and concrete.///