Chief Justice cannot issue administrative direction against the judicial order: Justice Qazi Faez Isa
ISLAMABAD, April 03 (SABAH): Strongly reacting to the March 31 circular issued by the Supreme Court Registrar Office “disregarding” a judgment issued by a three-member bench, senior puisne judge Justice Qazi Faez Isa on Monday asked the Cabinet Division and Establishment Division to immediately remove Ishrat Ali — the registrar — to prevent him from further “damaging the reputation and integrity” of the top court. Justice Qazi Faez Isa wrote to the secretaries Cabinet Division and Establishment Division “And, if you consider appropriate to initiate disciplinary proceedings against him in accoedance with the applicable laws as he has apparently violated the Constitution of the Islamic Republic of Pakistan and the order of the Supreme Court dated 29 March 2023, passed in Suo Motu case No.4 of 2022, copy attached hereto”.
A special apex court bench, with a two-to-one majority on March 29, ordered suspending all suo motu cases — under Article 184(3) of the Constitution — until amendments are made to the Supreme Court Rules 1980 regarding the discretionary powers of the chief justice to form benches.
In a letter to the top court’s registrar, the senior puisne judge said that the Registrar does not have the power or authority to undo a judicial order, and the Chief Justice cannot issue administrative directions with regard thereto.
“I was astonished to receive your circular’ bearing No. Registrar/2023/SCJ dated 31 March 2023. The circular purports to negate, undo, disobey and violate order dated 29 March 2023 of a three-member bench of the Supreme Court. passed in Suo Motu Case No. 4 of 2022. The Registrar does not have the power or authority to undo a judicial order, and the Chief Justice cannot issue administrative directions with regard thereto,” read the letter.
Slamming the registrar, he further wrote: “Your conduct demonstrates that you do not have the requisite competence, ability and understanding to hold the office of Registrar. Moreover, a bureaucrat holding the office of the Registrar violates Article 175(3) of the Constitution, which mandates the complete separation of the judiciary from the executive.
The senior judge asked the registrar to withdraw the circular immediately and inform all those who had set it, adding that it was in the best interest of him and that of the Supreme Court.
Justice Isa maintained that the circular refers to a decision of the SC (Suo Motu Case no. 4/2021, PLD 2022 Supreme Court 306), adding, “If you had read it you would have realised that it pertained to invoking powers under Article 184 (3) of the constitution (suo motu). However, in the subject case suo motu notice had not been taken by the bench before which it was listed for hearing on March 15, 2023. You lost sight of this obvious distinction and did not appreciate that the case cited in the circular was not applicable.”
The SC registrar “apparently violated the Constitution”, Justice Isa noted and urged the authorities to initiate disciplinary proceedings against him in according with the applicable laws.