Houbara bustard case: SCBA president voices concern over Justice Isa’s dissenting note

Says no judge should challenge CJP regarding bench formation

ISLAMABAD:

Supreme Court Bar Association (SCBA) president Ali Zafar has expressed serious concern over Justice Qazi Faez Isa’s dissenting note in the Houbara bustard case.

Justice Isa raised serious questions in his 14-page dissenting note over the majority judgment, which cancelled the ban on hunting Houbara bustards in the country.



Justice Isa questioned the exclusion of Justice Dost Muhammad Khan from the larger bench, which had set aside the August 19, 2015 judgment.  He also questioned whether there is “an apparent error on the face of the record”, (in the judgment under review,) and if it is “set aside”, why are the cases “listed for hearing afresh?” He also questioned “will the review be heard by the same bench or yet a larger one?”

In response to his dissent, the SCBA president while talking to The Express Tribune said that no judge should have the right to question the powers of the Chief Justice of Pakistan (CJP) regarding the formation of a larger bench, adding that such questions may have serious implications. He also stated that the SCBA will issue its detailed response over the dissenting note.

SCBA president pointed out that the bar always welcomes the issuance of a dissenting note by any judge but it should be based on arguments, adding that Justice’s Isa’s dissent cannot be declared as a dissenting note.



On the other hand, lawyer Azhar Saddique has strongly supported the dissenting view of Justice Isa in the Houbara bustard case. Furthermore, he has urged the CJP to place the Houbara bustard case before a 17-judge full bench so that the nation could be made aware about the truth in this matter.



During the four-year tenure of former CJP, judgments had been issued unanimously in high-profile cases, which was a matter of concern among legal fraternity.

Former SCBA president Asma Jahangir had always raised the question as to how all judges can have the same view on any matter. Only three dissenting notes were issued between March 2009 and December 2013.

Justice (retired) Sardar Muhammad Raza Khan issued dissent in PCO judges’ case, Justice (retired) Nasirul Mulk had given a dissenting note in Mukhtara Mai case and Justice Ejaz Afzal Khan had also opposed the majority judges’ opinion in president reference case related to the seniority of Islamabad High Court.

Meanwhile, after the retirement of former CJP on December 11, 2013, different views among judges have been witnessed in the bench, which is also appreciated by the lawyers. Likewise, judges gave different views in the 18th and 21st constitutional amendment case last year.

Published in The Express Tribune, February 6^th, 2016.