Six-judge SC bench overturns Justice Isa’s ruling on suo motu powers

A six-judge larger bench of Supreme Court has overturned Justice Qazi Faez Isa’s ruling about powers of the chief justice of Pakistan regarding suo motu notices and formation of benches, reported 24NewsHD TV channel.

The six-member bench was formed only hours before it conducted its first hearing and shot down Justice Isa’s verdict without wasting any time, saying the detailed judgement will be released later.

The larger bench was led by Justice Ijazul Ahsan, and comprised of Justice Muneeb Akhtar, Justice Mazahir Naqvi, Justice Muhammad Ali Mazhar and Justice Ayesha Malik.

Justice Faez Isa’s ruling

On March 29, a three-member bench comprising Justice Qazi Faez Isa, Justice Aminuddin Khan and Justice Shahid Waheed had issued a majority verdict of 2-1, ordering the postponement of cases being heard under Article 184(3) of the Constitution till the amendments made to Supreme Court Rules 1980 regarding the discretionary powers enjoyed by the Chief Justice of Pakistan to form benches.

The bench had issued the ruling in a suo motu case regarding the grant of 20 marks to Hafiz-e-Quran while seeking admission to MBBS/BDS degree. Justice Waheed wrote a dissenting note against the order, saying the points raised and discussed in the order were not relevant to the case.

The court further held that neither the Constitution nor the rules granted to the chief justice or the registrar, the power to make special benches, select judges who will be on other benches and decide the cases that they will hear.

SC Registrar’s circular

On March 31, Chief Justice of Pakistan Umar Ata Bandial set aside the observations made by the three-member bench and SC Registrar Ishrat Ali had issued a circular, stating: “With respect to the said order the HCJ has been pleased to observe as under:- The observations made in paras 11 to 22 and 26 to 28 of the majority judgment of two to one travel beyond the list before the Court and invokes its suo motu jurisdiction”.

“The unilateral assumption of judicial power in such a manner violates the rule laid down by a 5 Member judgment or this Court reported as Enforcement of Fundamental Rights with regard to Independence of Press/Media (PLD 2022 SC 306).”

“Such power is to be invoked by the Chief Justice on the recommendation of an Hon'ble Judge or a learned Bench of the Court on the basis of criteria laid down in Article 184(3) of the Constitution,” reads the circular. It added that the three-judge bench’s majority judgment “therefore disregards binding law laid down by a larger bench of the Court”.

“Any observation made in the said judgment, inter alia, for the fixation or otherwise of cases is to be disregarded. Accordingly, a circular be issued by the Registrar slating the foregoing legal position for the information of all concerned," it concluded.

SC Registrar removed

On April 3, the federal cabinet approved the withdrawal of the services of Registrar Supreme Court Ishrat Ali in its special sitting. Secretary Establishment division also issued a notification in this regard.

The development comes after Justice Isa challenged the authority of the registrar of the apex court who, he said, had no right to annul a judicial order.

In a letter written to the registrar of the Supreme Court, Justice Isa said the chief justice of Pakistan also could not issue any administrative order against a judicial order, and that the registrar's circular of March 31 was a violation of the judgement of the three-member bench of the Supreme Court.

Justice Isa further wrote that the registrar should be aware of his constitutional responsibility as a senior officer, and that if he knew that the case in question was heard under suo motu No 4/2022 Article 184/3, he should not have issued the circular. He also advised Registrar Ishrat Ali to leave the charge of the post.

Attaullah Tarar flays ‘bench fixing’ by CJP, sees judicial revolt on the rise

Special Assistant to PM Attaullah Tarar has condemned the formation of a one-sided 6-member larger bench constituted by Chief Justice Umar Ata Bandial today which has overturned Justice Qazi Faez Isa’s ruling about powers of the chief justice of Pakistan regarding suo motu notices and formation of benches, believing that it will give rise to the judicial revolt, reported 24NewsHD TV channel. 

Taking to his Twitter handle, Tarar said: “It’s the height of the bench faxing, Chief Justice's attack on Qazi Faiz Isa. A one-sided 6-member bench was formed and Mazahir Naqvi, who is to be probed, is also included in the bench. Why such formality? Just issue an order. And the order was issued. The hearing lasted for 5 minutes. Judicial revolt on the rise.”

https://twitter.com/TararAttaullah/status/1643184700528230402

In another tweet, he writes: “Some ppl terming today's events as Judicial Coup. 4/3 decision defied, Qazi Faiz Isa order ignored and one sided bench formed on it. Parliament's legislation not taken into account.”

https://twitter.com/TararAttaullah/status/1643178469805768704

  

Reporter Amanat Gishkori