SC six-judge bench verdict could not set aside order on suo motu, notes Justice Qazi

The verdict of the top court’s six-judge bench last week could not set aside an earlier order to halt suo motu proceedings, Justice Qazi Faiz Isa stated in a detailed note issued on Friday.

The six-member bench last week 'closed' the case in minutes that led Justice Isa to issue an order to freeze the hearings of all the sub judice suo motu notices.

The top court judge noted: “The decision of the 6-member bench on April 4 has no constitutionality.

“The larger bench had no jurisdiction to issue the April 4 order.

“The Supreme Court's March 29 order could not have been overturned by a 6-member bench.

“The 6-member bench disposed of the notice proceedings within minutes.

The detailed note starts: “Ishrat Ali falsely identified himself as a registrar on April 4.  

Ishrat Ali was recalled by the federal government through April 3 notification, it mentioned, adding that Ishrat Ali refused to comply with the order of the federal government and signed the roster for the larger bench formation on April 4.

“The registrar misconducted by signing the roster.” 

“I wrote to the registrar that his letter contradicted the Supreme Court order of 29th March.

The registrar was told that he had no power to set aside any order of the Supreme Court,

“The Chief Justice cannot issue any administrative order to annul the order of the Supreme Court.

“The Chief Justice has not responded to my letter to date.

“If the cases are not decided according to the law, people will not have trust in the judiciary.”

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