ISLAMABAD: In yet another letter, Mrs Sarina Isa, the wife of Justice Qazi Faez Isa, has again asked the government to provide her a copy of the curative review petition that it had filed against the April 26 majority judgement in the Justice Isa case.

In the open letter dated Sept 2 and addressed to Prime Minister Imran Khan, Mrs Isa stated she had learnt from the media that something, which she alleged he had kept secret from her, had been filed against her in the Supreme Court. “Why I am not provided a copy,” she wondered, saying the government did not really follow the rules.

Through her May 27 letter, she said, she had asked for a copy of what has been reportedly filed against her, but the government did not provide it to her.

She later learnt from the media what had been filed was described as the curative review, she said, adding that it was filed more than 30 days after the decision of her review application before the SC.

The Constitution, which she has read most carefully, permitted the SC to review its decisions but to do so only once, according to her.

The Constitution did not permit a decision on a rev­iew petition to be further reviewed, she stated, adding that it did not permit a curative review. Decision on a review petition concluded the matter, she explained.

However, she alleged in her letter addressed to the PM that the one who served dictators, doctored the law, bought loyalties and reviled the Constitution was capable of doing anything.

While apprehending that the curative review would be activated by exploiting her health at a time when she would be away from Pakistan, she said she was writing the open letter to protect herself.

By filing the curative review petition, the federal government had pleaded before the SC that its April 26 majority judgement in the Justice Isa review case should not be left in the field for being manifestly and patently unjust, against the public interest and public good that defeated the judicial accountability.

By a majority of six to four, the apex court on April 26 overturned its majority ruling of June 19 last year in which the court had ordered investigation by the tax authorities into three foreign properties in the name of the wife and children of Justice Isa.

Consequently, the entire exercise conducted by the Federal Board of Revenue was rendered null and void as the fresh order that came on a set of review petitions recalled and set aside the June 19 verdict.

The curative review petition was filed on behalf of President Dr Arif Alvi, the federal government through law secretary, Prime Minister Imran Khan, Law Minister Dr Farogh Naseem, Adviser on Accountability Shahzad Akbar and Assets Recovery Unit’s legal expert Zia-ul-Mustafa Nasim.

The government in its review petition claimed the April 26 majority decision of the Supreme Court had sufficiently closed the doors of judicial accountability in general and the accountability of Justice Isa in respect of the allegations and information that had come on record. Besides, it argued, it was also against the principles of judicial independence as well as the fundamental rights of the “judged” by the people at large with regard to access to justice and the right to life.

Published in Dawn, September 5th, 2021