Justice Faez Isa, widely considered an independent-minded judge delivered certain verdicts that were not liked by those who matter. They wanted his scalp. While the presidential reference against Justice Faez Isa was being prepared in May 2019, Additional attorney general Zahid F.Ebrahim resigned in protest citing government’s ‘attempt to browbeat judiciary.’ As he put it, “it is not about accountability of judges but is a reckless attempt to tar the reputation of independent individuals and could cause irreparable damage to the institution which is the protector of our fundamental rights and the bedrock of our fledgling democracy”.
The legal fraternity termed the reference a mala fide attempt to oust an independent and upright judge, and demanded its withdrawal. In June 2020, the Supreme Court dismissed the presidential reference against Justice Faez Isa terming it “invalid”.
However, seven of the 10 judges on the bench hearing the case ordered the Inland Revenue Department and the FBR to seek explanations from the judge’s wife and children on the nature and source of funding for three properties in their names in the United Kingdom and submit a report to the SC registrar. Soon after, the Supreme Judicial Council (SJC) initiated inquiry against the judge. Justice Isa then approached the apex court, seeking a review of the decision.
A seven-judge bench was constituted to hear the petitions but four premier bar associations of the country challenged it and requested that the matter be placed before the CJP to form a larger bench comprising all the judges who had decided the constitutional petitions against the filing of the reference.
A ten member bench was set up. The bench has declared legal actions taken by the Federal Board of Revenue (FBR) and all other forums related to the assets of Justice Isa’s wife and children as “illegal”.
Justice Isa stands vindicated. But will the judge’s ordeal end here?
The judgment would be disturbing for important players who like Henry II, King of England, are not likely to take it lying down. The likelihood of further attempts to get rid of the meddlesome judge cannot be ruled out.
