Justikce Qazi Faez Isa while raising objection over Supreme Court (SC) bench constituted to determine the jurisidiction of suo motu notice has taken plea in his 15-page open letter that two members bench was not informed before constituting 5-member larger bench.<\/p>\n
He said different jurisdicton of hearng of cases by SC are laid down in the constitution. SC has no jurisdicaiton that it should start monitoring of the matters of its own bench. 5-member learned bench has no jurisdiction to hear this case. If five members bench continues this hearng then it will be tresspassing the constitution. Any citizen can talk of access to information or freedom of expression. <\/p>\n
He stated registrar SC is government employee and he doubtlessly considers him a judge and constitutional expert. He took immediate notice and sent a note comprising 6 pages to Chief Justce of Pakistan (CJP). Monitoring by one bench of other bench is unconstitutional. If one bench starts monitoring other bench then justice system will collapse. <\/p>\n
In the past Justice Saqib Nisar removed one of his judges from the bench during the hearing of the case and constitued new bench. Later Justice Mansoor Ali Shah issued a new order. This matter which is related to former CJP Saqib Nisar has not been considered so far. The reason for not paying attention to such court orders in the past is this certain chief justices want they should keep all the powers with them unrestrained and unhindered. Chief justice cannot determine which case will be fixed in which bench. Appointing government employee as registrar SC is violation of the constitution. <\/p>\n
He said appointing government employee as SC registrar is tantamount to hamper the promotion of the officers in judicial service. The judiciary surprisingly sent back the deputationst officers. But registrar who had also come on deputation is still serving. Registrar SC has been servng in Prime Minister (PM) House earlier. He was taken on loan from the governemnt. Appointng him as SC registrar was aimed at fixing the cases of government interest immediately and and hushing up the unfavorable cases of the government. <\/p>\n
He said wriring note against my bench by the SC registrar is protecting governent interest and his former associates. The decision of 9-member bench is there about jurisdiction of suo motu noltice. 9-member bench has already declared article 184(3) has extraordinary jurisdiction. The sitting five members bench can not change the decsion of 9-member bench. <\/p>\n
Once suo motu notice was taken on a whatsapp message received from unknown number and due to this whatsapp suo motu notice loss to the tume of Rs 100 billin was caused to the national kitty. When this decision was reviewed then Justice Ejaz ul Ahsan who was included in central bench agreed with the review by writing additional note. In Rickodik case Pakistan was imposed fine of 6.4 billion dollars. <\/p>\n
President Supreme Court Bar Associaton (SCBA) said there is divison in the judiciary and. Justice Mqabool Baqir was removed in PM development funds case by constituting larger bench. An unconstitutional order was issued in haste in this case. CJP left the bench and went away. I was barred from hearing the case agaisnt the PM. I wan not given opportunity to express my stance by my fellow judges. This geenral impression cannot be denied that a judge of SC is being targetted. Had my fellow judges any objection they should have brought this matter to bench No 2 . Surprisingly this matter was kept so secret that I came to know about this matter through press instead of SC. <\/p>\n
In August 24 orders it was said that we want to hear the real stake holders. Every citizen of Pakistan is a stake holder for independence of media. <\/p>\n
He has requested that copy of his letter be uploaded on SC website.<\/p>\n","protected":false},"excerpt":{"rendered":"
Justikce Qazi Faez Isa while raising objection over Supreme Court (SC) bench constituted to determine the jurisidiction of suo motu notice has taken plea in his 15-page open letter that two members bench was not informed before constituting 5-member larger bench. He said different jurisdicton of hearng of cases by SC are laid down in […]<\/p>\n","protected":false},"author":2,"featured_media":172485,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-211356","post","type-post","status-publish","format-standard","has-post-thumbnail","category-top-news"],"yoast_head":"\n