SC Allows Withdrawal of Curative Review Petition In Qazi Isa Case

Chief Justice of Pakistan (CJP) Umar Ata Bandial has granted approval to the current government's request to withdraw the curative review petition filed against Justice Qazi Faez Isa, a senior judge of the Supreme Court (SC). The former PTI government had urged the SC not to uphold its previous majority judgment from April 26, 2021, claiming it was unjust. In that ruling, the SC, with a majority of six to four, overturned its 2020 decision to initiate a tax authorities investigation into the properties of Justice Isa's family. The curative appeal was filed on behalf of President Dr Arif Alvi, former Prime Minister Imran Khan, former Law Minister Dr Farogh Naseem, and the law secretary.

The current government subsequently sought to withdraw the curative appeal, submitting an application to the apex court for consideration. The CJP reserved judgment on the matter after a chamber hearing on April 10. In a written order issued today, the CJP allowed the withdrawal of the curative review petitions filed by the appellants. The order mentioned that 18 applications were submitted for the withdrawal of the previous government's curative petition. During the April 10 hearing, the Attorney General for Pakistan and the Additional Attorney General for Pakistan represented the applicants before the CJP.

The CJP referred to the Supreme Court 1980 Rules, which stipulate that after the final disposal of the first review petition, no subsequent review application shall be entertained. He also cited a previous SC ruling, stating that the court's suo motu jurisdiction under Article 184(3) and Article 188 allows revisiting, reviewing, or setting aside judgments or orders that have finally disposed of the first review petitions. However, the court had not invoked this jurisdiction in the present matter.

The order highlighted that the parties filing the curative petition did not dispute the non-existence of the jurisdiction allowing a second review. It noted that the appellants' curative review petitions appeared to be not maintainable due to a lack of an enabling jurisdiction for a second review. Despite this, the law acknowledges the appellants' right to withdraw their curative review petitions against the subject judgment.