Case Details

Citation(s)
2020 SLG 1260 2020 SLD 1260 2020 PLD 346
Supreme Court of Pakistan
Constitution Petitions Nos. 17 and 19 of 2019 and C.M.A. No. 7417 of 2019 in Constitution Petition No. 19 of 2019 and Constitution Petitions Nos. 20-30, 32 and 34 of 2019, hearing Date : 19th June, 2020.
UMAR ATA BANDIAL, JUSTICE MAQBOOL BAQAR, JUSTICE MANZOOR AHMAD MALIK, JUSTICE FAISAL ARAB, JUSTICE MAZHAR ALAM KHAN MIANKHEL, JUSTICE SAJJAD ALI SHAH, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE MUNIB AKHTAR, JUSTICE
Munir A. Malik, Senior Advocate Supreme Court, Salahuddin Ahmed, Advocate Supreme Court, Ch. Atif Rafiq, Advocate Supreme Court, assisted by Barrister Kabir Hashmi and Syed Kazim Hassan, Advocate Supreme Court (through video link from Karachi) for Petitio

(MR.) JUSTICE QAZI FAEZ ISA AND 14 OTHERS

VS

THE PRESIDENT OF PAKISTAN AND OTHERS

Law: Constitution of Pakistan, 1973

Section: 184(3),209(5)(B)

(a) Constitution of Pakistan--- ----Arts. 184(3) & 209(5)(b)---Reference against a judge of the Supreme Court ('the petitioner') pending before the Supreme Judicial Council---Constitutional petition filed by the petitioner before the Supreme Court calling into question the constitutionality and legality of the reference against him---Quashment of reference---Supreme Court unanimously declared that the reference was of no legal effect whatsoever and stood quashed, and in consequence thereof the proceedings pending in the Supreme Judicial Council ("Council") against the petitioner-judge, including the show-cause notice issued to him, stood abated---Constitutional petitions were disposed of. Per Umar Ata Bandial; Manzoor Ahmad Malik, Faisal Arab, Mazhar Alam Khan Miankhel, Sajjad Ali Shah, Munib Akhtar and Qazi Muhammad Amin Ahmed, JJ agreeing; Maqbool Baqar, Syed Mansoor Ali Shah and Yahya Afridi, JJ not joining the majority as to the directions given to Commissioner, Inland Revenue and Federal Board of Revenue. (b) Constitution of Pakistan--- ----Arts. 184(3) & 209(5)(b)---Reference against a judge of the Supreme Court ('the petitioner') pending before the Supreme Judicial Council---Constitutional petition filed by the petitioner before the Supreme Court calling into question the constitutionality and legality of the reference against him---Supreme Court quashed the reference and declared that the same was of no legal effect whatsoever, and in consequence thereof the proceedings pending in the Supreme Judicial Council ("Council") against the petitioner-judge, including the show-cause notice issued to him, stood abated---Supreme Court (with a majority of 7 to 3) gave directions to the Commissioner, Inland Revenue and Federal Board of Revenue to inquire into and seek explanation from the spouse and children of the petitioner as to the nature and source of the funds whereby the three subject properties in a foreign country were acquired in their names. [Majority view] Supreme Court unanimously quashed the reference against the petitioner-judge pending before the Supreme Judicial Council and issued the following directions [with a majority of 7 to 3 (Maqbool…
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