ISLAMABAD: Justice Qazi Faez Isa has written a letter to the Supreme Court (SC) Registrar Ishrat Ali and advised him to immediately relinquish his office after his circular purporting to ‘undo, disobey and violate order dated 29 March 2023 of a three-member SC bench,’ ARY News reported on Monday.
On March 31, the Supreme Court (SC) Registrar Office rejected Justice Qazi Faez Isa’s observation regarding the hearing of suo moto cases. The SC Registrar’s Office issued a circular regarding the hearing of cases under Article 184/3.
On Wednesday, a three-member bench of the Supreme Court ordered to adjourn the hearing of cases of constitutional importance and suo motu notices.
READ: PRESIDENT OKAYS WITHDRAWAL OF REFERENCE AGAINST JUSTICE QAZI FAEZ ISA
In his letter, Justice Isa stated, “I was astonished to receive your ‘Circular bearing No. Registrar/2023/SCJ dated 31 March 2023 (the Circular). 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.”
He said that the SC Registrar does not have the power or authority to undo a judicial order, and the Chief Justice cannot issue administrative directions with regard thereto.
“Needless to say, as a senior officer you are expected to know what the Constitution of the Islamic Republic of Pakistan (‘the Constitution) stipulates, act in accordance therewith and abide by the decisions of the Supreme Court (article 189 of the Constitution).”
READ: SC OFFICE SETS ASIDE JUSTICE QAZI FAEZ ISA’S OBSERVATION
“The Circular refers to a decision of the Supreme Court (Suo Motu Case No. 4/2021, PLD 2022 Supreme Court 306); if you
had read it you would have realized 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 Behch before which it was listed for hearing on 15 March 2023. You lost sight of this obvious distinction and did not appreciate that the case cited in the Circular was not applicable.”The SC judge wrote, “In your best interest, and that of the Supreme Court, you should withdraw the Circular immediately, and inform all those who have been sent it.”
READ: SC DEFERS HEARING OF SUO MOTU CASES, CONSTITUTIONAL PETITIONS
“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. Like every citizen it is also your inviolable obligation to obey the Constitution (article 5(2) of the Constitution) Therefore, you are advised to relinquish the office of the Registrar immediately.”
Justice Isa also sent copies of the letter to the secretaries of the Establishment and Cabinet Divisions through the Attorney General of Pakistan (AGP).
He demanded the authorities to immediately recall SC Registrar Ishrat Ali to prevent him from further damaging the reputation and integrity of the Supreme Court.
Justice Qazi Faez Isa also demanded to initiate disciplinary proceedings against Registrar Ishrat Ali in accordance 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.
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