ISLAMABAD: Supreme Court of Pakistan (SCP) Senior Judge Justice Qazi Faiz Isa on Monday wrote to Registrar Supreme Court Ishrat Ali and demanded her immediate resignation. Justice Qazi Faiz Isa asked SC Registrar to withdraw the Circular issued that degraded the judicial order of Justice Isa’s bench about suo-motu notices jurisdiction of CJP.
In a letter, Justice Isa said he was astonished to receive a ‘Circular’ bearing No. Registrar/2023/SCJ dated 31 March 2023 (’the Circular).
“The Circular purports to negate and violate the order dated 29 March 2023 of a three-member bench of the apex court passed in Suo Moto Case No. 4 of 2022,” he said.
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).
“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),” he said.
Justice Qazi Faiz Isa identifies points in circular
However, in the subject case, the bench had not taken suo-motu notice 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.
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.
“Your conduct demonstrates that you do not have the requisite competence, ability, and understanding to hold the office of Registrar,” he said.
However, a bureaucrat holding the office of the Registrar violates article 175(3) of the Constitution, which mandates the complete separation of the Judicially from the Executive. Like every citizen, it is also your inviolable obligation to obey the Constitution Article 5(2) of the Constitution.
Supreme Court Senior Puisne Judge Justice Isa said, “Kindly immediately recall your officer, Mr. Ishrat Ali, to prevent him from further damaging the reputation and integrity of the Supreme Court. “
“And, if you consider appropriate to initiate disciplinary proceedings against him 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. passed in Suo Motu Case No. 4 of 2022.”
