Govt again files plea against Justice Isa

ISLAMABAD: The federal government has filed a petition in the Supreme Court against the order of the majority in the review petitions of Justice Qazi Faez Isa, which has been returned by the registrar with objections.

There were reports in the media that President Dr Arif Alvi and Prime Minister Imran Khan filed a petition in the Supreme Court against the order of the majority in the review petitions of Justice Qazi Faez Isa and others passed on April 26, 2021.

The government has kept secret the script of the application; however, as per sources the president, the prime minister, Law Minister Farogh Naseem, head of Assets Recovery Unit Barrister Shahzad Akbar, Federal Bureau of Revenue, the secretary interior have filed a 70-page application and named it “curative review petition”.

The government, after making Justice Isa a party, has adopted the stance that under Article 184(3), the Supreme Court can hear the case under suo motu powers even after decision on review petition.

It was, however, learnt that the registrar of the Supreme Court returned the petition after raising objections on it, saying that once the review petition is decided, it cannot be reviewed again.

According to Geo News, the registrar office objected that the subject was written as suo motu notice, while ‘curative review’ was mentioned in the application. It said power of attorney was not submitted by the prime minister and president. It further said objectionable language was used in the application, while scandalous language was used on pages 9, 46, 48, 64 and 73.

Meanwhile, the office of the Attorney General was kept in dark in this regard as beat reporters representing TV channels and print media covering the Supreme Court repeatedly contacted it, but it was not in any knowledge of this high development.

The News also tried repeatedly to contact the officials including Attorney General Khalid Javed as well as Additional Attorney Generals Sohail Mahmood and Aamir Rehman, but they were not attending the calls.

Chaudhry Aamir Rehman and Sohail Mahmood had appeared before the 10-member full court hearing review petitions of Justice Qazi Faez Isa and others. Chaudhry Aamir Rehman had argued extensively on behalf of the Federation in the review petitions.

Similarly, the News contacted another official of the Attorney General office who told that he was not in knowledge of such information regarding the filing of application by the president and prime minister in the Supreme Court in Justice Qazi Faez Isa case.

Meanwhile at 7:27pm on Wednesday, The News received a press release issued by the Ministry of Law and Justice about the development. The Law Ministry informed that the Federation had filed on May 25, 2021 in the Supreme Court against the review petitions of Justice Qazi Faez Isa and others on which certain objections were raised by the office of the Supreme Court.

Against the order of the majority in the review petitions of Justice Qazi Faez Isa and others dated 26.04.2021, the Federation of Pakistan on 25.05.2021 preferred a curative review petition on which certain objections were raised by the office of the Supreme Court,” says the Law Ministry press release.

After addressing the office objections the matter shall be re-filed in due course of time, in accordance with law, it said.

Legal expert Abid Saqi said there is no provision for second review under the Constitution, and the Supreme Court of Pakistan had held in many judgments that second review petition is not maintainable.

It is pertinent to mention that a curative petition may be filed after a review plea against the final conviction is dismissed. It is meant to ensure there is no miscarriage of justice, and to prevent abuse of process.