Justice Qazi Faez Isa broke with tradition and made his wife stand beside him while taking oath as 29th CJP. The CJP conveyed a message that women are equal partners and need to be recognised as such.
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In 2022, the Supreme Court affirmed that no one, regardless of their status, is exempt from the law’s reach, and everyone is entitled to fair treatment within the bounds of the law.
In a detailed statement, four judges, namely Justice Maqbool Baqar, Justice Mazhar Alam Khan Miankhel, Justice Syed Mansoor Ali Shah, and Justice Amin-ud-Din Khan, emphasized that compliance with tax laws is essential for all citizens. They argued that individuals such as Mrs. Sarina Isa, or the spouse of any judge, must adhere to tax laws like any other citizen. If any judge, including Justice Isa, breaches the Code of Conduct for judges of constitutional courts, they should face proceedings according to the law.
Justice Yahya Afridi, in his additional comments, criticized the breach of confidentiality regarding Sarina Faez Isa’s tax returns by tax officials acting on the directives of Shahzad Akbar and Farogh Naseem. He highlighted that allowing these individuals to maintain important positions despite violating the law raises concerns about good governance and implicates the Prime Minister.
The Supreme Court’s recent detailed judgment comes after nine months and revisits a series of decisions related to the tax records of Sarina Isa and her family. In April 2021, the Court recalled its order directing the Federal Board of Revenue (FBR) to investigate Sarina Isa’s tax records. In June 2020, the Court had referred the tax matter of Justice Qazi Faez Isa’s family to the FBR while quashing the Presidential Reference and show cause proceedings against him.
The judgment emphasized that courts should not create rights, liabilities, or obligations that are not grounded in law. It pointed out that the impugned directions lacked clarity and did not provide the Tax Commissioner with the opportunity to consider his legal authority before initiating proceedings. This, in turn, affected Sarina Isa’s vested rights and violated the principles of fairness and the right to be heard.
The Court also clarified that the Tax Commissioner, Islamabad, had no jurisdiction to handle the tax matter of Sarina Isa, as it was outside the scope of the Income Tax Ordinance. Furthermore, the Council should not have been involved in matters unrelated to the conduct and capabilities of superior Court Judges.
In conclusion, the Supreme Court’s judgment underscores the importance of upholding the law and ensuring fairness in all proceedings. It reaffirms that individuals, regardless of their associations, must be treated in accordance with the law and that the principles of justice and fairness should never be compromised for expediency or image-building.
