Pakistan
Justice Isa calls for registrar's removal over top court reputation damage
In response to the circular, Justice Isa wrote a letter to the Supreme Court's registrar, stating that the Chief Justice of Pakistan (CJP) cannot issue administrative directions against judicial orders.
Islamabad: Justice Qazi Faez Isa, a senior puisne judge in Pakistan's Supreme Court, on Monday called for the removal of the registrar of the Supreme Court, Ishrat Ali, after he issued a circular "disregarding" a judgement made by a three-member bench.
On 29 March 2023, a special apex court bench, with a two-to-one majority, ordered the suspension of all suo motu cases under Article 184(3) of the Constitution until amendments are made to the Supreme Court Rules 1980. However, on 31 March 2023, Ali issued a circular which appeared to contradict the judgement made by the bench.
In response to the circular, Justice Isa wrote a letter to the Supreme Court's registrar, stating that the Chief Justice of Pakistan (CJP) cannot issue administrative directions against judicial orders. The letter read: "I was astonished to receive your circular bearing No. Registrar/2023/SCJ dated 31 March 2023. 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. The Registrar does not have the power or authority to undo a judicial order, and the Chief Justice cannot issue administrative directions with regard thereto."
Justice Isa further accused Ali of damaging the reputation and integrity of the Supreme Court and asked the establishment division to remove him from his position. "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," the letter added.
Justice Isa also highlighted that the circular referred to a decision made by the Supreme Court in Suo Motu Case no. 4/2021, PLD 2022 Supreme Court 306, which pertained to invoking powers under Article 184 (3) of the Constitution. However, in the subject case, suo motu notice had not been taken by the bench before which it was listed for hearing on March 15, 2023. "You lost sight of this obvious distinction and did not appreciate that the case cited in the circular was not applicable," Justice Isa wrote.
Justice Isa urged the registrar to withdraw the circular immediately and inform all those who had received it. He stated that it was in the best interest of Ali and that of the Supreme Court. Justice Isa also urged the authorities to initiate disciplinary proceedings against Ali for violating the Constitution.