JUSTICE QAZI FAEZ ISA Versus The PRESIDENT OF PAKISTAN
This matter concerns review petitions filed against the Supreme Court's earlier short order and detailed judgment dated 19.06.2020 and 23.10.2020, respectively, in Constitution Petition No. 17 of 2019. The core legal question addressed was the validity of the directions issued in the previous judgment, which had initiated proceedings against a superior court judge. By a majority decision, the Supreme Court allowed the review petitions. The Court held that the directions contained in paragraphs 4 to 11 of the impugned short order and the supporting detailed reasons were recalled and set aside. Consequently, the Court declared all subsequent proceedings, actions, orders, information, and reports initiated in pursuance of those directions to be illegal and without any legal effect. It was further directed that such proceedings or reports could not be considered or acted upon by any forum or authority, including the Supreme Judicial Council. This decision effectively nullified the prior directives, ensuring that the actions taken pursuant to the original order ceased to have any legal consequence.
- Can directions issued in a previous judgment regarding proceedings against a judge be recalled in review?
- Are proceedings initiated by the Supreme Judicial Council pursuant to a recalled judgment valid?
- What is the legal status of actions taken under a court order that is subsequently set aside?
ORDER
1. For reasons to be recorded later, these review petitions are dismissed.
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JUDGE
3. I do not agree with the dismissal and append my note accordingly.
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JUDGE
5. I agree with my brother
6. Justice Maqbool Baqar.
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JUDGE
8. I agree with my brother
9. HJ Maqbool Baqar.
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JUDGE
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JUDGE
12. I agree with my brother
13. Maqbool Baqar, J.
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JUDGE
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JUDGE
16. I don't. My reasons are appended.
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JUDGE
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JUDGE
19. I agree with my brother
20. Justice Maqbool Baqar.
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JUDGE
ORDER OF THE BENCH
22. By majority of six to four (Justice Umar Ata Bandial, Justice Sajjad Ali Shah, Justice Munib Akhtar and Justice Qazi Muhammad Amin Ahmed dissenting), these review petitions, except as mentioned below, are allowed.
2. Civil Review Petition No.296 of 2020 titled (Justice Qazi Faez Isa v. The President of Pakistan and others) is allowed by five and dismissed by five Hon'ble members of the Bench.
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JUDGE
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JUDGE
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JUDGE
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JUDGE
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JUDGE
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JUDGE
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JUDGE
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JUDGE
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JUDGE
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JUDGE
SHORT ORDER
33. For the reasons to be recorded later, captioned Review Petitions are allowed and the directions contained in paras 4 to 11 of the impugned short order dated 19.06.2020 passed in Const. Petition No.17/2019 and other connected matters, along with supporting detailed reasons given in the majority judgment of the same date, are recalled and set-aside. All the subsequent proceedings, actions, orders, information and reports in pursuance of the directions contained in the short order dated 19.6.2020 and the detailed reasons thereof, are declared to be illegal and without any legal effect. Resultantly, any such proceedings, actions, orders or reports cannot be considered or acted upon and pursued any further by any forum or authority including the Supreme Judicial Council.
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35. (Maqbool Baqar, J.)
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37. (Manzoor Ahmed Malik, J.)
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39. (Mazhar Alam Khan Miankhel, J.)
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41. (Syed Mansoor Ali Shah, J.)
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43. (Amin-ud-Din Khan, J.)
44. YAHYA AFRIDI, J.---For the reasons to be recorded later, all review petitions except C.R.P. No. 296 of 2020, are allowed and the directions contained in paragraphs Nos. 4 to 11 of the order dated 19.06.2020 and detail judgment dated 23.10.2020 passed in Constitution Petition No. 17 of 2019 and other connected petitions are recalled. Consequently, all the subsequent proceedings, actions, orders and reports made in pursuance to the said directions are declared to be of no legal effect and/or consequences.
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46. Judge
47. MWA/J-5/SC Order accordingly.