As the Supreme Court crisis worsens, Justice Qazi Faez Isa said that a six-member bench’s decision could not overturn a prior order to suspend suo motu proceedings.
Justice Qazi Faez Isa has issued his detailed verdict in the suo motu case regarding giving extra 20 marks in medical admission to the “Hafiz”, saying that if the legitimacy, dignity and credibility of the judiciary is compromised, then the judiciary and the people of Pakistan will suffer irreparable damage because without it the people will lose their faith in the judiciary.
He noted that the “Constitution of the Islamic Republic of Pakistan creates the Supreme Court and it consists of the Chief Justice and the judges of the Supreme Court, the order of March 29, 2023 had clarified the constitutional and legal status and that the Chief Justice cannot unilaterally get all the powers of the Supreme Court for himself.”
On this occasion, clauses 27 and 28 of the said order were presented where clause 27 said, “The Chief Justice cannot give his wisdom the place of the wisdom of the Constitution which did not give him the power of one-sidedness and will to decide these matters. He can’t even be the chief justice.
In his note, regarding the power of hearing of the Supreme Court, he wrote that the Constitution has determined that no court shall have any power to hear, except that which has been given to it in accordance with or under the Constitution, or any law.
He said that the order of April 4, 2023 cannot be called the order of the Supreme Court, it has no legal and constitutional effect, and legally it would be wrong to call it an order, so it will be called the note of April 4.
Referring to the irregularities in the case, he said that the list was released on the same day and it is done only when there is a very extraordinary emergency, but there was no such emergency in the Momodha case.
Justice Qazi Faez Isa wrote that six judges were gathered in haste and the learned judge heading the bench and the senior-most judge after him disposed of the matter within minutes of the gathering.
He further wrote that judges also take an oath to uphold, protect and defend the constitution of the constitution, the constitution also gives powers to the courts and empowers them to decide cases, so if the absent power is used, it violates the oath of acting according to the constitution.
Justice Qazi Faez Isa also explained the Islamic orders in this regard, saying that the Chief Justice is respected but he is not a master, such slavery is alien to Islam and the Constitution has also determined that all laws will be made compatible with the orders of the state’s religion Islam.
He noted that if the legitimacy, dignity and credibility of the judiciary are compromised, the judiciary and the people of Pakistan will suffer irreparable damage because without it the people will lose their faith in the judiciary.
On March 31, the apex court had set aside the decision of Justice Qazi Faez Isa and Justice Aminuddin regarding the chief justice’s suo motu notice and powers to form a bench, saying that the decision of the three-member bench was contrary to the decision of the five-member bench on journalists.
In a circular issued by the Registrar of the Supreme Court, it was said that the observation regarding Article 184 (3) in the judgment of Justice Qazi Faez Isa and Justice Aminuddin Khan does not fall under the category of suo motu notice.
The circular further said that the decision given by Justice Qazi Faez Isa and Justice Aminuddin Khan is the decision of a three-member bench, while a five-member bench of the Supreme Court has already decided that the power of suo motu notice can only be exercised by the Chief Justice of the Supreme Court.
Two days later, Justice Qazi Faez Isa wrote a letter to Supreme Court Registrar Ishrat Ali asking him to step down immediately.
However, on April 4, the Supreme Court had constituted a larger bench on the decision of Justice Qazi Faez Isa and Justice Aminuddin regarding the chief justice’s suo motu notice and powers to form the bench.
A larger bench of the Supreme Court, while disposing of the suo motu notice within five minutes, had said that the decision of Justice Qazi Faez Isa and Justice Aminuddin has no legal validity and the suo motu notice is disposed of if it is ineffective.
