IN THE SUPREME COURT OF PAKISTAN 
 
 
    (Original Jurisdiction)  
 
 
 
 
PRESENT: 
Mr. Justice Umar Ata Bandial 
Mr. Justice Maqbool Baqar 
Mr. Justice Manzoor Ahmad Malik 
Mr. Justice Faisal Arab 
Mr. Justice Mazhar Alam Khan Miankhel 
Mr. Justice Sajjad Ali Shah 
Mr. Justice Syed Mansoor Ali Shah  
Mr. Justice Munib Akhtar  
Mr. Justice Yahya Afridi 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
CONSTITUTION PETITION NO.17 & 19 OF 2019 
& C.M.A. NO.7417 OF 2019 IN CONST. P. 19 OF 
2019 & CONSTITUTION PETITION NO.20-30,  
32 & 34 OF 2019.  
 
Justice Qazi Faez Isa  
… Petitioner(s) 
(in Const.P.17/2019) 
 
 
Supreme Court Bar Association thr. 
its President  
… Petitioner(s) 
(in Const.P.19/2019) 
 
 
Abid Hassan Minto & another  
… Petitioner(s) 
(in Const.P.20/2019) 
 
 
Pakistan Bar Council thr.  
its Vice Chairman  
… Petitioner(s) 
(in Const.P.21/2019) 
 
 
Abdul Basit, President High Court  
Bar Association, Quetta.  
… Petitioner(s) 
(in Const.P.22/2019) 
 
 
Muhammad Asif Reki, President  
Quetta Bar Association  
… Petitioner(s) 
(in Const.P.23/2019) 
 
 
Sindh High Court Bar Association  
thr. its President  
… Petitioner(s) 
(in Const.P.24/2019) 
 
 
Balochistan Bar Council thr. its  
Vice Chairman Haji Atta Ullah Langove 
… Petitioner(s) 
(in Const.P.25/2019) 
 
 
Sindh Bar Council thr. it Secretary  
… Petitioner(s) 
(in Const.P.26/2019) 
Const. P.17 of 2019, etc.  
2
Hafiz Abdur Rehman Ansari, ASC 
… Petitioner(s) 
(in Const.P.27/2019) 
 
 
Karachi Bar Association through 
its President & other  
… Petitioner(s) 
(in Const.P.28/2019) 
 
 
KPK Bar Council through 
its Vice Chairman  
… Petitioner(s) 
(in Const.P.29/2019) 
 
 
Peshawar High Court Bar Association 
thr. its President  
… Petitioner(s) 
(in Const.P.30/2019) 
 
 
Shahnawaz Ismail, Vice Chairman 
Punjab Bar Council 
… Petitioner(s) 
(in Const.P.32/2019) 
 
 
Pakistan Federal Union of Journalists 
(PFUJ) thr. its President   
… Petitioner(s) 
(in Const.P.34/2019) 
 
 
VERSUS 
 
The President of Pakistan and others  
…Respondent(s) 
 (in Const.P.17, 19, 21-25, 
27-30, 32 & 34 of 2019) 
 
 
The Supreme Judicial Council thr.  
its Secretary and others  
… Respondent(s) 
(in Const.P.20&26/2019) 
 
 
 
 
Const. P. No.17 of 2019.  
 
For the petitioner(s) 
: Mr. Munir A. Malik, Sr. ASC. 
Mr. Salahuddin Ahmed, ASC. 
Ch. Atif Rafiq, ASC. 
assisted by Barrister Kabir Hashmi. 
 
Syed Kazim Hassan, ASC.  
(through video link from Karachi).   
 
  
 
Const. P. No.19 of 2019.  
 
For the petitioner(s) 
: Mr. Hamid Khan, Sr. ASC.  
assisted by: 
Mr. Naseebullah Tareen, ASC. 
Mr. Munir Kakar, ASC. 
Mr. Ajmal Ghaffar Toor, Advocate. 
  
Syed Qalb-e-Hassan, ASC.  
Mr. Amanullah Kanarani, ASC.  
 
Mr. Rasheed A. Rizvi, Sr. ASC.  
(through video link from Karachi).   
 
Const. P.17 of 2019, etc.  
3
Const. P. No.20 of 2019.  
 
For the petitioner (s) 
: Nemo. 
 
Const. P. No.21 of 2019.  
 
For the petitioner (s) 
: Sardar Muhammad Aslam, ASC. 
Syed Rifaqat Hussain Shah, AOR.  
 
Const. P. No.22 of 2019.  
 
For the petitioner (s) 
: Mr. Naseebullah Tareen, ASC.  
 
 
  
Const. P. No.23 of 2019.  
 
For the petitioner (s) 
: Mr. Hamid Khan, Sr. ASC.  
assisted by: 
Mr. Naseebullah Tareen, ASC. 
Mr. Munir Kakar, ASC. 
Mr. Ajmal Ghaffar Toor, Advocate  
 
Sh. Ahsan-ud-Din, ASC.    
 
  
 
Const. P. No.24 of 2019.  
 
For the petitioner (s) 
: Mr. Rashid A. Rizvi, Sr. ASC. 
(through video link from Karachi).   
Mr. Qasim Mir Jat, AOR.  
 
  
 
Const. P. No.25 of 2019.  
 
For the petitioner (s) 
: Mr. Hamid Khan, Sr. ASC.  
assisted by: 
Mr. Naseebullah Tareen, ASC. 
Mr. Munir Kakar, ASC. 
Mr. Ajmal Ghaffar Toor, Advocate  
 
Mr. Rashid A. Rizvi, Sr. ASC. 
(through video link from Karachi).   
 
  
 
Const. P. No.26 of 2019.  
 
For the petitioner (s) 
: Mian Raza Rabbani, Sr. ASC.  
 
Mr. Saalim Salim Ansari, ASC 
(through video link from Karachi). 
assisted by: 
Mr. Zeeshan Abdullah, Adv.    
 
  
 
  
Const. P.17 of 2019, etc.  
4
Const. P. No.27 of 2019.  
 
For the petitioner (s) 
: Mr. Taufiq Asif, ASC. 
Syed Rifaqat Hussain Shah, AOR.  
 
Const. P. No.28 of 2019.  
 
For the petitioner (s) 
: Mr. Rashid A. Rizvi, Sr. ASC. 
(through video link from Karachi).   
 
  
 
Const. P. No.29 of 2019.  
 
For the petitioner (s) 
: Syed Iftikhar Hussain Gillani, Sr. ASC. 
Assisted by: 
Barrister Saad M. Buttar & 
Barrister Jibran Gillani.   
 
  
 
Const. P. No.30 of 2019.  
 
For the petitioner (s) 
: Syed Iftikhar Hussain Gillani, Sr. ASC. 
Assisted by: 
Barrister Saad M. Buttar & 
Barrister Jibran Gillani.   
 
Const. P. No.32 of 2019.  
 
For the petitioner (s) 
: Mr. Hamid Khan, Sr. ASC.  
assisted by: 
Mr. Naseebullah Tareen, ASC. 
Mr. Munir Kakar, ASC. 
Mr. Ajmal Ghaffar Toor, Advocate. 
 
  
 
Const. P. No.34 of 2019.  
 
For the petitioner (s) 
: Mr. Rashid A. Rizvi, Sr. ASC. 
(through video link from Karachi).   
 
 
  
For respondents (2&8) : Dr. Farogh Naseem, Sr. ASC. a/w 
Ch. Ishtiaq Ahmed Khan, Addl. AG 
Mr. Sajeel Sheryar Swati, ASC. 
assisted by: 
Barrister Maleeka Ali Bukhari 
Ch. Hasssan Murtza Mann, Adv. 
Mr. Shahid Naseem Gondal, Adv. 
 
  
For respondents No. 1 
: Mr. Sohail Mehmood, DAG. 
 
  
For respondent No.3 
: Mr. Aamir Rehman, Addl. AG.  
 
  
For respondent No. 4 
: Mr. Irfan Qadir, ASC  
(through video link from Lahore) 
Const. P.17 of 2019, etc.  
5
 
  
For respondent No.9 
: Dr. Khalid Ranjha, ASC. a/w  
Mr.Sajeel Sheryar Sawati, ASC. 
 
  
For Supreme Judicial 
Council  
: Khawaja Daud Ahmad, Secretary SJC. 
 
  
Date of hearing 
: 19.06.2020. 
 
  
O R D E R 
 
 
For detailed reasons to be recorded later and subject 
to any orders made or directions given therein (if any), these 
petitions are allowed and disposed of in the following terms: 
 
1. 
Subject to what is stated below, the Order of the Court is 
that Reference No. 1 of 2019 is declared to be of no legal 
effect 
whatsoever 
and 
stands 
quashed, 
and 
in 
consequence thereof the proceedings pending in the 
Supreme 
Judicial 
Council 
(“Council”) 
against 
the 
Petitioner in CP 17/2019 (including the show-cause 
notice dated 17.07.2019 issued to him) stand abated. 
 
2. 
Mr. Justice Yahya Afridi dismisses CP 17/2019 and 
disposes of the other petitions in terms as stated in para 
1 herein above. 
 
3. 
Mr. Justice Umar Ata Bandial, Mr. Justice Manzoor 
Ahmad Malik, Mr. Justice Faisal Arab, Mr. Justice 
Mazhar Alam Khan Miankhel, Mr. Justice Sajjad Ali 
Shah, Mr. Justice Munib Akhtar and Mr. Justice Qazi 
Muhammad Amin Ahmed make the following orders as 
the further Order of the Court (paras 4 to 11 herein 
below): 
 
4. 
Within 7 days of this Order, the concerned Commissioner 
of Inland Revenue shall himself (and not some other 
officer exercising delegated powers) issue appropriate 
notices under the Income Tax Ordinance, 2001 (“2001 
Ordinance”) to the spouse and children of the Petitioner 
Const. P.17 of 2019, etc.  
6
to offer an explanation regarding the nature and source of 
the funds (separately for each property) whereby the three 
properties in the United Kingdom (viz., No. 40, Oakdale 
Road, London E11 4DL; No. 90, Adelaide Road, London 
E10 5NW; and No. 50, Coniston Court, Kendal Street, 
London W2 2AN) that are in the names of the spouse and 
the children were acquired. For purposes of this Order 
the Commissioner Inland Revenue having jurisdiction 
over the spouse of the Petitioner (who must be a 
Commissioner exercising jurisdiction and performing 
functions at Islamabad) shall be deemed also to be the 
Commissioner having jurisdiction over the children. (The 
spouse and children are herein after referred to as “the 
respondents”.) Any notices issued or proceedings taken 
(or proposed to be issued or taken) under the 2001 
Ordinance in relation to any of the respondents in 
respect, or on account, of the properties aforesaid prior to 
the date of this Order stand terminated forthwith. 
 
5. 
The notices shall be served at the official residence of the 
Petitioner at Islamabad through courier service and such 
other means as may be considered appropriate and shall 
be deemed served on the respondents when received at 
the said address. 
 
6. 
The respondents shall furnish their replies to the notices 
along with such material and record as is deemed 
appropriate. In case any of them is outside the country, it 
shall be the responsibility of such person to timely file a 
response, and the proceedings before the Commissioner 
shall not be adjourned or delayed for the reason of non-
availability in Pakistan of such person. 
 
7. 
Upon receipt of the replies (and of such additional 
material/record as may be filed in response to such 
clarification or explanation, if any, as the Commissioner 
may, in writing, have sought), the Commissioner shall 
give an opportunity of hearing to the respondents in 
Const. P.17 of 2019, etc.  
7
person or through an authorized representative/counsel 
and shall thereupon make an order in accordance with 
the 2001 Ordinance. 
 
8. 
The 
proceedings 
shall 
be 
concluded 
before 
the 
Commissioner within 60 days of the date of receipt of the 
notices as aforesaid, and the order shall be issued by him 
within 75 days of the said date of receipt, and no 
adjournment or extension in time whatsoever shall be 
given as affects or extends the aforesaid periods. 
 
9. 
Within 7 days of the issuance of the order by the 
Commissioner, the Chairman, Federal Board of Revenue 
(“FBR”) shall submit a report (to be personally signed by 
him) to the Council through its Secretary (i.e., the 
Registrar 
of 
the 
Supreme 
Court) 
regarding 
the 
proceedings as aforesaid, appending thereto the entire 
record of the said proceedings. The Secretary shall 
forthwith place such report before the Chairman of the 
Council (i.e., the Hon’ble Chief Justice of Pakistan) who 
shall, in such manner as is deemed appropriate, have the 
report laid before the Council for such perusal, 
consideration, action, order or proceedings, if any, in 
relation to the Petitioner as the Council may determine. 
The receipt of the report, the laying of it before the 
Council and the action/proceedings, if any, or orders or 
directions, if any, as may be taken, made or given by the 
Council thereon shall be deemed, for purposes of Article 
209 of the Constitution, to be in exercise of the suo moto 
jurisdiction as is conferred by that Article on the Council. 
 
10. 
If, within 100 days from the date of this Order, no report 
as aforesaid is received by the Secretary from the 
Chairman, FBR, he shall inform the Chairman of the 
Council accordingly and shall, if so directed by him, write 
to the Chairman, FBR requiring an explanation as to why 
the report has not been received. If in reply the report is 
filed, then the matter shall proceed in terms of para 9 
Const. P.17 of 2019, etc.  
8
herein above. If a reply is received without the report or 
no reply is received, then the Secretary shall bring such 
fact to the attention of the Chairman of the Council who 
may direct that the matter be placed before the Council 
for 
such 
perusal, 
consideration, 
action, 
order 
or 
proceedings, if any, in relation to the Petitioner (or any 
other person as deemed appropriate) as the Council may 
determine. The action/proceedings, if any, or orders or 
directions, if any, as may be taken, made or given by the 
Council shall be deemed, for purposes of Article 209 of 
the Constitution, to be in exercise of the suo moto 
jurisdiction as is conferred by that Article on the Council. 
Without prejudice to the foregoing, if at any stage the 
report is received from the Chairman, FBR, then the 
matter shall in any case proceed (or be deemed to 
proceed, as the case may be) in terms of para 9 herein 
above. 
 
11. 
For the removal of any doubts, it is clarified that any of 
the proceedings under the 2001 Ordinance as herein 
contemplated on the one hand, and before the Council in 
terms of paras 9 or 10 herein above on the other, are 
distinct and separate from each other. Accordingly, 
nothing contained in this Order shall affect or prejudice 
the right(s) of appeal of any of the respondents under the 
2001 Ordinance, if they feel aggrieved by the order made 
by the Commissioner or (as the case may be) any order 
made or decision taken at any appellate stage. Any such 
appeal(s) shall be decided on the merits, in accordance 
with the 2001 Ordinance. At the same time (and needless 
to say), the consideration by the Council of any matter 
placed before it under either paras 9 or 10 herein above 
shall not be affected by the filing or pendency of any 
appeal as aforesaid. But the Council may, if it deems 
appropriate, 
notice 
such 
appellate 
proceedings 
or 
orders/decisions and may (for purposes only of the 
matter before it) make such orders or give such directions 
in relation thereto as it deems appropriate. 
Const. P.17 of 2019, etc.  
9
 
12. 
Mr. Justice Maqbool Baqar, Mr. Justice Mansoor Ali Shah 
and Mr. Justice Yahya Afridi join in the Order of the 
Court only to the extent of para 1 herein above, and also 
make their own order. 
 
 
 
         
 
  
 
 
 
JUDGE 
 
JUDGE 
 
 
 
 
 
 
JUDGE  
 
JUDGE  
 
 
 
 
 
JUDGE  
 
 
JUDGE 
 
 
 
 
JUDGE 
 
 
JUDGE 
 
 
 
 
JUDGE 
 
 
 
JUDGE  
 
 
Const. P.17 of 2019, etc.  
10
 
 
Order per Maqbool Baqar, Syed Mansoor Ali Shah 
 
 
and Yahya Afridi, JJ. 
 
13.   
For the reasons to be recorded later and without 
limiting our jurisdiction in any manner to appropriately enlarge the 
scope of or make appropriate declarations and directions in the 
detailed judgment, subject to para 15 hereunder, we hold the 
above petitions maintainable and allow the same. One of the 
outcomes of such declaration is that the Reference filed by the 
President of Pakistan against the Petitioner (Mr. Justice Qazi Faez 
Isa) is quashed, and as a result the proceedings alongwith the 
Show Cause Notice issued by Supreme Judicial Council stand 
abated.  
 
14.    
One of our pivotal Constitutional values is that the 
independence of judiciary shall be fully secured.  The same 
Constitution also ordains that to enjoy the protection of law and to 
be treated in accordance with law is the inalienable right of every 
citizen. Therefore, it is reiterated that in our constitutional 
democracy, neither the petitioner judge, nor any other judge, or 
any individual or any institution, is above the law. The doors of the 
constitutional forum i.e., Supreme Judicial Council are always 
open, either on its own motion or for anyone who has a genuine 
and a bonafide grievance, amenable to the jurisdiction of the 
Council against a Judge of the Constitutional Court. At the same 
time, it is equally important, that a Judge like any other citizen of 
Pakistan enjoys the inalienable constitutional right to be treated in 
accordance with law. These fundamental values are to be protected 
at all cost in order to uphold the majesty and supremacy of the 
Const. P.17 of 2019, etc.  
11
Constitution and to honour the people of Pakistan who have 
adopted and given to themselves this Constitution.    
 
15.   
Yahya Afridi, J. has however found Constitutional 
Petition No. 17/2019 as non-maintainable.    
 
 
Maqbool Baqar, J. 
 
Syed Mansoor Ali Shah, J. 
 
Yahya Afridi, J. 
 
 
Islamabad 
19.06.2020. 
 
 
 
 
APPROVED FOR REPORTING.  
 
