Justice Qazi Faiz Isa issued a detailed note in the Hafiz Quran 20 additional number case on Saturday and said that the Constitution and the law do not empower the six judges of a court to give themselves all the authority. An order cannot nullify the note of six judges, decisions emanating from a courtroom shrouded in the fog of arrogant authoritarianism cannot abrogate the Constitution.’
Justice Qazi Faiz Isa’s nine-page detailed note released on the website of the Supreme Court, which is no longer available on the website, further stated that Ishrat Ali is a federal government employee who was sent to the Supreme Court as a registrar and Islam. Abad ordered her to report to the Establishment Division on April 3, but Ishrat Ali, refusing to comply with the federal government’s order, falsely identified herself as the registrar on April 4.
“The Constitution does not empower the bench or judges to sit to decide an appeal against an order of the Supreme Court. The formation of the so-called larger bench to hear case number four was wrong, the six-member larger bench (constitutional ) did not have the status of a court, the larger bench could not have passed any order, the order of the Supreme Court dated April 4, 2023 cannot be said to have any constitutional and legal effect, it is legally invalid. It will be called a decree, so it will be called a note of the fourth of April.’
The note added: ‘Ishrat Ali Registrar issued a list on April 4 under his signature to constitute a larger bench and to fix the hearing at 2 o’clock. The Constitution of April 10, 1973 was approved by a consensus of 196 out of 200 members of the National Assembly, not a single vote was cast against it. The document is what holds the federation together.’
Justice Qazi Faiz Isa said ‘Suppose the Supreme Court decides to hear a case of murder itself, then punishes or acquits the accused, this action by the Supreme Court will not have any legal effect. , neither the Constitution nor the law has empowered the Supreme Court to hear criminal cases, which can be heard by a Sessions Judge, who is two ranks below the Supreme Court Judges.
“Similarly, a family court judge can decide matters related to family law, the Supreme Court does not have this jurisdiction.”
What was the decision of the six-member bench?
On April 4, a 6-member bench headed by Justice Ijaz-ul-Ahsan, while withdrawing the decision of Justice Qazi Faiz Isa, wrote: ‘Only the Chief Justice of Pakistan has the authority to issue automatic notice.’
A 6-member bench headed by Justice Ijaz-ul-Ahsan had said in the judgment that in the case of 20 additional marks to medical students, the power of automatic action was used by issuing an order for the formation of benches. The Supreme Court violated the order of the five-judge bench by using the suo motu power of notice.
The judgment further stated that the circular issued by the Registrar Supreme Court had given the correct explanation.
According to the circular, the other orders of Justice Qazi Faiz Isa in this case do not automatically apply to notice cases.
What was the decision of Justice Qazi Faiz Isa?
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On March 29, Justice Qazi Faiz Isa had issued a written decision in the Supreme Court regarding awarding 20 additional marks to Hafiz Qur’an in the medical degree. should not happen and until the powers of the Chief Justice regarding the constitution of the Benches are amended, all relevant cases should be adjourned.
Registrar’s Circular
Thereafter, on March 31, the Registrar Supreme Court issued a circular in which it was said that the observation related to Article 184/3 in the judgment of Justice Qazi Faiz Isa and Justice Aminuddin Khan does not automatically fall under the category of notice.
The decision given by Justice Qazi Faiz Isa and Justice Aminuddin Khan is the decision of a 3-member bench, while a 5-member bench of the Supreme Court has already decided the issue that the power of automatic notice can only be used by the Chief Justice of the Supreme Court. can do.’
Justice Qazi Faiz Isa’s letter
Following the registrar’s circular, Justice Qazi Faiz Isa wrote to him and the Establishment Division.
In a letter to Ishrat Ali, Justice Qazi Faiz Isa demanded her immediate resignation and said the registrar had no power to annul the judicial order.
‘Even the Chief Justice cannot issue any administrative order against the judicial order.’
In a letter written to the Secretary Cabinet Division, Justice Qazi Faiz Isa said that ‘Registrar Supreme Court Ishrat Ali should not be allowed to destroy the reputation and dignity of the Supreme Court any more. should be done.’
Subsequently, in an emergency meeting of the federal cabinet, the government approved the withdrawal of the services of the Registrar Supreme Court and later the notification was also issued by the Establishment Division.
Khyber Pakhtunkhwa Bar Council
The Khyber Pakhtunkhwa Bar Council has demanded the resignation of the Chief Justice of Pakistan Umar Atta Bandial while expressing concerns over the dictatorial style of the Supreme Court of Pakistan.
Khyber Pakhtunkhwa Bar Council Vice President Zar Badshah Khan said in a statement: ‘Justice Athar Minullah’s court order has made it clear that the case was decided by a majority of 4-3, while the Chief Justice gratified his ego. acted falsely for the sake of and tarnished the judicial system and also violated the judicial code of conduct and his oath.