Strongly reacting to the March 31 circular issued by the Supreme Court Registrar Office “disregarding” a judgement issued by a three-member bench, senior puisne judge Justice Qazi Faez Isa on Monday asked the establishment division to immediately remove Ishrat Ali — the registrar — to prevent him from further “damaging the reputation and integrity” of the top court.
A special apex court bench, with a two-to-one majority on March 29, ordered suspending all suo motu cases — under Article 184(3) of the Constitution — until amendments are made to the Supreme Court Rules 1980 regarding the discretionary powers of the chief justice to form benches.
In a letter to the top court’s registrar, the senior puisne judge said that the Chief Justice of Pakistan (CJP) cannot issue administrative direction against the judicial order.
“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,” read the letter.
Slamming the registrar, he further wrote: “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 senior judge asked the registrar to withdraw the circular immediately and inform all those who had set it, adding that it was in the best interest of him and that of the Supreme Court.
