Chief Justice of Pakistan Faiz Isa has responded to a letter from Justice Aijaz Hassan, extending an open invitation for communication and addressing concerns raised by his colleague, reported the 245NewsHD TV channel.
Justice Ijazul Ahsan in a letter addressed to the Chief Justice claimed that the larger bench formed to hear petitions challenging the Supreme Court's verdict against the trial of civilians in military courts did not adhere to the prescribed formula.
He also objected to how the bench was formed to hear a petition filed by Justice Mazahar Ali Akbar Naqvi over the reference against him.
Justice Ahsan is a member of the three-judge committee constituted under Section 2(1) of the Supreme Court (Practice and Procedure) Act 2023 to determine fixation of cases before different benches.
The committee consists of CJP Isa, Justice Sardar Tariq Masood, and Justice Ahsan.
In a letter to the secretary of the judges committee, Justice Ahsan stressed that the rule of seniority of judges was agreed to be followed to hear cases in the interest of transparency.
Justice Ahsan regretted that the two special benches formed to hear the intra-court appeals in the military court case and the petition of Justice Sayyed Mazahar Ali Akbar Naqvi challenging a show-cause notice by the Supreme Judicial Council (SJC), respectively should, be “deemed as not set up by the committee”.
In the reply from Chief Justice Isa penned on November 18, he emphasized that his doors are always open for all colleagues, fostering an environment of accessibility and open communication. He assured that avenues for interaction extend beyond the courtroom, including through intercom and phone calls.
He said that he was disappointed to have received the letter.
The committee constituted under the Supreme Court (Practice and Procedure) Act, 2023,” he hinted.
CJP Isa further said he leant that Justice Ahsan had left for Lahore, early Friday afternoon and “before the end of the working day”.
“If I did not want to consult either you or Justice Sardar Tariq Masood, would I have supported, believed an imposed the process of consultation on myself when a Bench, of which you were a member, had suspended the operation of the Act?” he asked.
Justice Isa reminded the Supreme Court judge of his first order he signed after assuming the responsibility of the office of the Chief Justice of Pakistan – which stated that he would consult with his two senior colleagues with regard to the constitution of Benches and fixation of cases.
“If I did not want to abide by what we decided in the committee meetings would I have its working/decisions minute and then have them uploaded on the Supreme Court website?” he questioned.
The chief justice, while responding to the allegations, claimed that four meetings of the committee were delayed or cancelled due to various reasons – including Justice Ahsan’s “non-availability”.
“The constitution of Benches also demonstrates that every Judge is treated equally and with respect, and special benches are not made for particular cases and to include or exclude Judges,” he added.
Dubbing Justice Ahsan’s accusations “contrary to the record and the facts”, CJP Isa said that he would convene a meeting of the Committee if the SC judge had any “suggestions for the reconstitution of Benches”.
Reporter: Amanat Gishkori