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THE government has attempted to file a petition in the Supreme Court, invoking an unheard of legal remedy, to challenge the apex court’s judgement on the review petition in the Justice Qazi Faez Isa case. Now the petition, filed under the term ‘curative review petition’ has been returned by the Supreme Court registrar office on the grounds that a second review petition could not be filed to challenge a decision that had come on a review petition.
This petition was moved on behalf of the federation but the attorney general has distanced himself from the pleas saying he was not in the picture. A spokesman of the law ministry, however, said the petition would be filed again after addressing the registrar office’s objections.
Senior lawyers have also opined that such a petition does not hold much legal weight once the Supreme Court has already issued a judgement on the review petition of Justice Isa. It is therefore surprising that the government is insisting on pursuing the matter against Justice Isa when the court has clearly stated that the case built by the government against him has no legal standing.
Read: Who is Justice Qazi Faez Isa?
Since the court took up the case almost every aspect of the allegations against him have been dissected threadbare and every feasible piece of evidence has been examined in great detail. Justice Isa and his wife have presented whatever paper trail was required of them while the government’s legal team also got full opportunity to build a case against the judge.
These exhaustive proceedings have finally led to a decision in Justice Isa’s review petition by a 10-member bench. The judgement clearly exonerates the judge of all charges. This should be the end of the matter, not just because it brings to a close the legal process, but also due to the fact that it has exacted a heavy cost on the institution of the judiciary itself.
It is heartening that the highest court in the land opened itself up for accountability, but now that the decision is final, the sad chapter should stand closed.
This is why it is inadvisable for the government to rake up the matter. The move smacks of desperation, whereas it is now time for acceptance. The government should let the matter rest and move on. No one benefits if the judiciary is dragged back into a public controversy that has run its legal course.
Published in Dawn, May 28th, 2021
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Comments (78) Closed
May 28, 2021 08:09am
Who is behind this move?
Government or someone else?
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May 28, 2021 08:31am
Isa and cronies think they have gotten away with it.
They cannot be more wrong.
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May 28, 2021 08:33am
Imran Khan and Pakistanis won't allow the mega plunderers especially judges and politicians to run away with our looted wealth.
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May 28, 2021 08:55am
Justice Isa has never provided any money trail contrary to what is given in this editorial. The case has been decided on technicalities
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May 28, 2021 09:08am
This will take PTI down once for all. Very bad move by the government.
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May 28, 2021 09:18am
PBC should make special arrangements for safety of Qazi Isa and family for obvious reasons
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May 28, 2021 09:21am
Government is being pushed. Why not identify who is pushing for this?
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May 28, 2021 09:22am
@Fastrack, What about soldiers who have owned assets beyond means, own restaurant chains, and have all these brushed under the carpet, making sure media forgets it.
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May 28, 2021 09:26am
To hide their own corruption
They keep diverting attention.
Extremely clever people play the fool.
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May 28, 2021 09:35am
Hudaibya case should also be revived. We can't let these criminals and their friends in the courts get away with it for the sake of our future generations.
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May 28, 2021 09:46am
@Erum, Regardless! Suspicious characters must go before the credibility of the whole institution is soiled.
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May 28, 2021 09:47am
@A m i r , The people who think that a thief can't be allowed to judge others.
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May 28, 2021 10:46am
Government desperation to get Justice isa fixed is enough to prove the intentions behind the case.
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May 28, 2021 10:47am
In the end he didnt have to provide money trail.
And you call this investigation thread bare?
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May 28, 2021 11:25am
I am amazed how can a person with not so pristine financial record is allowed to Judge others at the top level ? How can the Individual pass Judgement when a case comes to decide who is 'Sadiq" and " Amin"
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May 28, 2021 11:31am
IK's movement no one is above the law is continue.
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May 28, 2021 11:36am
Mr isa is already a controversial figure. He has a clear bias against the government. Which in his own statements he has shown. He has also been bared from hearing cases related to government. Keeping this in mind how can such a person become chief justice? Or remain a Supreme court judge?
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May 28, 2021 11:39am
Justice Qazi Faez Isa should present money trail.
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May 28, 2021 11:39am
The independence of the judiciary and the mass media is critical but this independence implies that they conduct themselves impartially, objectively and daringly in the interest of justice and fair play . It is a travesty of justice when they allow themselves to be seduced by financial and other incentives to interfere in their noble tasks of dispensing justice and campaigning for just causes.Therefore Government is right to ensure that corruption is eradicated from all sections of society
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May 28, 2021 11:39am
@Fastrack, quite agree with you as this is the sole privilege of IK, his cronies, buddies, chums financiers, backers n abetters, sapm's, advisors n the rest whom he wishes to bestow such privilege. Hahaha
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May 28, 2021 11:43am
@Shahzad, r u saying this because you don't know that his wife indeed submitted every detail of monies transferred n bank account statements or you intentionally don't want to accept the fact that she indeed provide all required info.?
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May 28, 2021 12:23pm
the establishment is up to something, frankly how long is the justice system going to let these criminals get away with such impunity?
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May 28, 2021 12:42pm
After the way the Justice Essa case was terminated leaving a bitter taste in the mouth and raising a very valid question of the suitability of Justice Essa as the CJ of Pakistan. Is it not of paramount importance that the " matter " be thoroughly probed into and the concept of " we protect our own " attributed to the judiciary be laid to rest.....after all we are talking of the future CJ of Pakistan.
Also when the media says " its time to move on "......it reflect poorly on the media.
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May 28, 2021 12:50pm
Such matters, wether involving the judiciary or forces should not be swept under the carpet. All are accountable and technical points should not be allowed to curtail any investigation.
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May 28, 2021 12:56pm
Well Done Mr President for making them answerable and not being intimidated by their rough and unjust techniques.
Call for Referendum to cut them to size..
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May 28, 2021 12:57pm
Justice ESA and his Mrs should provide money trail rather than hiding behind technicalities. Nobody is above the law.
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May 28, 2021 12:59pm
Why can't Isa be held accountable?
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May 28, 2021 01:00pm
It's so simple to solve the matter, Mr and mrs Issa must show documentary proof their income with which they bought foreign assets.
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May 28, 2021 01:02pm
@A m i r , once there is even a small border/ defence conflict-the soldiers are the first one to sacrifice their life without hesitation. My soldiers are my saviours. I as a pakistani condone them as they are my only security in this country.
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May 28, 2021 01:09pm
Govt is striving from day 1 to stop nepotism, the guy who worked on payroll of Sharif's cannot be a justice. Mafias are helping each other to protect their selves.
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May 28, 2021 01:11pm
@Shahzad, this is why Pakistan has been rated at 120 out of 128 in providing justice to the country and masses...What a great mile stone...we all should be proud of..
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May 28, 2021 01:13pm
@A Khan, dear this verdict has put a stamp...untouchables and above the law...Law is only for weak and poor...
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May 28, 2021 01:36pm
@A m i r , you gotta start with people who pass judgements get rid of bad apples from the keepers of justice. Then and only then can a nation move forward.
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May 28, 2021 01:40pm
Very sane advice to the Government, which should accept the judgement gracefully. It is perhaps the deep state that wants to pursue the case.
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May 28, 2021 01:51pm
Can we use issa verdict to prevent FBR from sending us notice to provide money trail?
Can Nawaz Sharif use this Verdict for not providing the money trail and walk free?
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May 28, 2021 02:00pm
@A m i r , they too must be held accountable but this does not absolve the judiciary
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May 28, 2021 02:01pm
No contentious matter/issue is closed until and unless it is closed by all parties. One sided forced closure between equals is no closure.
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May 28, 2021 02:53pm
There is a dire need for judicial reforms otherwise judges will give such shameful judgements with impunity and the Lawyers will cross all limits of decency to silence everyone even the government.
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May 28, 2021 03:07pm
Unfortunately Sarina Isa has yet to provide a money trial
This is the great injustice and the only the judiciary have to blame themselves
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May 28, 2021 03:08pm
@A m i r ,
Soldiers and assets. Very funny
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May 28, 2021 03:08pm
Are judges above the law?
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May 28, 2021 03:11pm
Judges are THE MOST IMPORTANT PEOPLE in the country. They should never be allowed to get away.
There is not a single judge, who have not been offered financial rewards during their career. So it is a duty of everyone of them to prove their honesty.
After Allahsubantahla it is them that people trust,and they have a duty to us all.
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May 28, 2021 03:16pm
@A m i r , we should catch every such corrupt person. This should not be the reason of not asking Qazi sahib about his source of funds. We should be worried about our money and not protect anyone.
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May 28, 2021 03:44pm
So by returning the Government Appeal, Supreme Court of Pakistan legalizing the corruptions and money laundering, this is what I can and Awam could understood.
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May 28, 2021 03:50pm
@F Khan, So in Pakistan , people can go free without providing money trail and in the end we wonder why FATF has put has on grey list.
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May 28, 2021 03:54pm
@F Khan, obviously if the judge is crooked and broken the law he must be pursued till justice is served.
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May 28, 2021 04:03pm
@Shahzad, Faiz Isa did every thing to dance about everything, but did not provide money trail - why? There is something seriously wrong there.
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May 28, 2021 04:13pm
First, all king's horses were put against the Nawaz Sharif family cases in top gear for about 3 years, then they were divided a big part with Justice Isa's case for about 2 years. In both cases, Government has failed and in return, failed the 220 million people of Pakistan, by keeping their fate in limbo.
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May 28, 2021 04:23pm
Dear editor, I must have missed it. Can you please provide the full money trail and source of funds provided by the honourable judge's wife? After all, it has been "dissected threadbare". However, I'm not sure of the FBR report was "examined in great detail". Please elaborate?
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May 28, 2021 04:37pm
There is serious concern in PTI for when he becomes CJP. All the false and filmsy records provided as justification, and accepted by S Nisar for banigala will become open for fair inspection, jeopardising ‘sadik and ameen’ status!
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May 28, 2021 04:46pm
Though curative review petition being returned with remarks, still there are precedents in PLDs as well as ILDs , about Curative Review Petition accepted for review. There’s one more way to freeze the judgement,
The President can freeze the judgement, until NCA ( National Crime Agency) London reports it’s findings on
Money Laundering in this case.
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May 28, 2021 05:02pm
To all PTI lovers, its one of the 10 major sins in Islam to accuse someone without evidence based on theories.
Go to supreme court registry and apply for a copy of the judgments yourself. And read it with your own eyes then by all means make your case in courts.
But you will not do so instead you will live always in a fairy tail where JKT funded PMIK is sadiq and ameen living in legal bani gala and the country is not drowning in debt and inflation made worse in the 3 years of PTI government.
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May 28, 2021 05:19pm
@salman , It is the job of the highest court to analyse the evidence as provided by the Government prosecutor and it is not the job of the editor to do that. If the Government Prosecutor can not provide enough evidence then the case will also not stand no matter how much an editor may write or do not write.
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May 28, 2021 05:54pm
How political point scoring is done ? This move by the government shows that the move is meant for the consumption of the voters of PTI and clearly an attempt to tarnish tactfully the image of Judiciary. They have attempted to communicate to their voter that their attempts to fight against corruption were countered and made ineffective by judiciary.
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May 28, 2021 06:07pm
Power corrupts. Absolute power corrupts absolutely fits our current power holders.
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May 28, 2021 06:31pm
@Fastrack, while impartial justice should prevail in Isa case, your comments appear to be very biased
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May 28, 2021 06:43pm
Justice Esa could not provide the legal way of earning and he is guilty. Judiciary protected him. Whosoever wrote this editorial is biased.
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May 28, 2021 07:08pm
No one is the above the law Judges, Generals, Journalists Politicians and businessmen. Irony is Judges interprete law in their own interest
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May 28, 2021 07:10pm
As long as a tangible money trail and source of funds is not established and made public, this case seems to drag on forever.
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May 28, 2021 07:13pm
@Irfan, very valid questionable!
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May 28, 2021 07:50pm
@Rizwan, she did not submit the source of funds, meaning she did not show how she earned that money. Bank transactions is a different matter.
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May 28, 2021 08:00pm
There is something more to this case than what meets the eye. The government's relentless pursuit is proof.
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May 28, 2021 08:41pm
Just curious, did Judge Isa justify his properties in UK , how he purchased them .
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May 28, 2021 09:25pm
Shame on PTI's Govt. for trying every way possible to hurt Justice Isa's credibility. All this for two small row houses and a flat for Justice Isa's kids in London whose total worth is less than a decent house in Islamabad. If they had spent half that effort in improving the primary schools in Pak, we would have been so much better off by now.
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May 28, 2021 11:15pm
The story has many faces ...... I stand with Govt by the way. He did not mention property of his wife in tax return so he is found guilty ..... simple !
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May 29, 2021 12:14am
@A m i r ,
M. Emad, dressed up as Amir!
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May 29, 2021 12:33am
@F Khan, Government desperation to get Justice isa fixed is enough to prove the intentions behind the case.
That can be put to rest if judge Isa gives funds trail to 3 UK undeclared properties.
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May 29, 2021 01:00am
Justice Qazi Faez Isa is a bold and honest judge. His verdict on Faizabad Dhurna is pinching some quarters. They don't want him to be chief justice in 2023 and want to remove him by all means. However,
common man is well aware.
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May 29, 2021 01:04am
another farce
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May 29, 2021 01:04am
@Asmat Jamal, Justice Qazi Faez is being punished because of his bold verdict on Faizabad Dharna.
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May 29, 2021 01:26am
@Erum, Someone else is the government.
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May 29, 2021 03:57am
@Question, Yes, fear of the day Justice Faez will become Chief Justice.
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May 29, 2021 04:42am
@ irfan @ S Ahmed: Don’t try to be a bigger judge than SJC made of full SC Bench. They decided Justice Isa is clean. Remove your biased PTI glasses so that you can see the truth as it is an not as you want to see it.
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May 29, 2021 05:14am
@Fastrack, Only IK cronies allowed loot and plunder from private and and public so that they can fund his return campaign.
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May 29, 2021 05:49am
Do the crooks know the law
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May 29, 2021 06:51am
Time for further investigation. Thaw past has been based on time to move on with no accountability. Future must change for a better reliable honorable and respected Pakistan.
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May 29, 2021 07:08am
@Yawar, PTI has no choice the people who put them in power telling them what to do!!
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May 29, 2021 11:18am
one rule for judges and another for the poor
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