Justice Qazi Isa expresses reservations over formation of SC larger bench
Writes letter to CJP, ruing exclusion of senior judges in the bench for hearing presidential reference: Says rules were not followed
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Judge of the Supreme Court, Justice Qazi Faiz Isa has expressed his reservations over the formation of a larger bench which will hear the presidential reference that seeks interpretation of Article 63-A, reported 24NewsHD TV channel.
According to details, Justice Isa on Wednesday wrote a letter to Chief Justice of Pakistan Umar Ata Bandial in which he expressed his reservations over the formation of the larger bench. He raised some questions.
Justice Isa objected that since the entire nation’s eyes were on the presidential reference, but no consultation was held with the senior judges of the apex court before formation of the bench. Moreover, the senior judges have been ignored and they have not been made part of the bench, the epistle read.
It further said that rules were not followed and judges who were on the 4th, 8th and 13th number in the seniority list were included in the larger bench. Where the legal and constitutional affairs are involved, senior judges are be included in the bench, the letter said.
Justice Isa sent the copy of the letter to the attorney general of Pakistan, Supreme Court Bar Association president, SC judges and advocate generals of all provinces.
In the letter, Justice Isa also objected to the appointment of a civil servant as registrar of the court. In my view, the registrar’s appointment is illegal, he wrote in letter.
He said he thought twice before writing this letter.
He said the Supreme Court had clubbed together the presidential reference and the SCBA application. But they could not be clubbed together and the apex court should hear them separately. The SCBA application has been filed under Article 184/3 while the presidential reference is consultative, the letter added.
Reporter Amanat Gishkori