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I’ve asked QFI J to dispense with my services as part of his legal team led by Munir Malik sb going fwd as I’m out of the country. But let me comment on today’s order as lawyer/citizen. Unfortunately there’s nothing to celebrate today: more things change, more they stay the same
Lets hope history doesn’t remember this order as our checkered history’s repetition, as tragedy or maybe even a farce. It’s a sugar coated bitter pill. While accepting QFI’s Petition in Para 1, the state is granted a second opportunity to improve & build a case to try & oust QFI
After observing yesterday that it was satisfied with Mrs QFI’s money trail, SC has ordered FBR to investigate Mrs QFI’s & children’s assets acquired from 2004 to 2013, even though 5-yr period of limitation has run & without this order FBR couldn’t have looked into such assets
While quashing reference, SC has set-up a new complaint against QFI. If Petition were dismissed QFI would face a flawed reference before SJC today. Now he’ll be before SJC in 75 days, after GOP-controlled FBR has had a freehand to audit Mrs QFI’s old records & implicate QFI
Anyone who& #39;s interfaced with our tax system understands how audits proceed & that no one gets a clean chit. All FBR needs to do is say Mrs QFI couldn’t satisfactorily explain £100 out of £600,000, which were gifted by QFI to his wife but not disclosed by him & he’s in the dock
Its inexplicable why SC would take a citizen’s right to a defense i.e. limitation, which it has in Mrs QFI’s case & ordered her to produce 16-yr old records before FBR. Its inexplicable why a tax order re a judge’s wife should be sent to SJC that has no jurisdiction over spouses
How does SC know FBR won’t give Mrs QFI a clean-chit? If it does why must CJP convene SJC & ask it to consider FBR order as required by Para 9? Even if FBR creates tax liability for Mrs QFI how is it SJC’s business? Are all orders re Judges’ spouses sent to CJP & laid before SJC?
SC hasn& #39;t left the matter open. Order assumes FBR might implicate not just Mrs QFI but also QFI. Hence it has bound FBR to produce order before CJP & bound the CJP to produce the order before SJC. So in effect there is a complaint-in-waiting against QFI to be taken up in 75 days
Para 10 highlights the futility of Para 1 accepting the Petition: even if FBR produces no report, SJC will still consider the matter suo moto in 100 days! So even without GOP/FBR’s improvement in their case or finding against QFI & Mrs QFI, in 100 days QFI is back to square one
Lets not speak of judicial accountability or independence. Should a public office holder ever stand up to the state? Whats the lesson when a SC Judge & person of impeccable reputation like QFI is hounded along with family & then GOP thrown a fresh volley after missing the first?
The lesson is loud & clear for all & sundry: fall in line or be persecuted & chucked out. If you wish to survive you must kiss the emperor’s ring. And in the interest of candor it isn’t the law’s empire we are speaking of here. All hail the emperor (& no mention of them clothes).
