SC rejects petition against Justice Isa’s appointment

Says the judge’s experience as a BHC judge not relevant; his ‘appointment’ in SC fresh

ISLAMABAD: A three-judge Supreme Court bench, headed by the Chief Justice of Pakistan (CJP) Saqib Nisar, has rejected a petition filed against the Sept 2014 appointment of Justice Qazi Faez Isa as an SC judge as well as his earlier appointment as the Balochistan High Court (BHC) chief justice in August 2009.

Two years ago, a petitioner Riaz Hanif Rahi had filed a constitutional petition challenging the appointment of Justice Isa, contending that in teh case of Justice Isa’s appointment as the BHC top judge, Balochistan chief minister’s advice was not sought by then-acting governor Aslam Bhootani.

The SC registrar’s office had returned Rahi’s petition after raising three objections. However, the apex court on March 12 entertained the constitutional petition by rejecting the registrar office’s objections.

However, on Thursday the same bench rejected the petition by declaring that Justice Isa’s appointment as the apex court judge was a ‘fresh appointment’.



“No case is made out on merit, therefore, the petition is dismissed. Reasons of the order will be issued later,” said the SC bench after hearing the arguments of Rahi and Ali Zafar, who was representing the Lahore High Court Bar Association (LHCBA) and also Supreme Court Bar Association (SCBA).

The courtroom was jam-packed on Thursday and lawyers like Faisal Siddiqui, Sheikh Ahsan and Taufiq Asif etc, who had strongly objected to the fixation of case, were also present.

However, all of them were astonished, when the bench was informed that LHCBA wanted to become a party in this case. Surprisingly, the LHCBA’s stance was totally different from other three provincial bar associations of the Khyber Pakhtunkhwa, Balochistan and Sindh.

Interestingly, LHCBA selected Ali Zafar to argue the case. Zafar’s practising license was suspended by Justice Isa for a year on charges of professional misconduct in September 2015. Appearing before the bench, Zafar said he had received written instruction from the LHCBA to argue the matter.

“The Supreme Court Bar Association has yet to give written instruction for the same but I am representing it too,” he added. The counsel, however, requested the bench to grant him time to prepare his case but the CJP asked him to plead his case.

Starting his arguments, Zafar laid stress on the need to ensure self-accountability of the judiciary to examine the process regarding the appointment of judges.  He said the SC while exercising the power of quo warranto under Article 184 (3) of the Constitution had already removed heads of the Oil and Gas Regulatory Authority and the National Accountability Burea (NAB) etc.



He said no one could be appointed as chief justice directly, adding that consultation of the then Balochistan chief minister was missing in Justice Isa’s case. However, the bench asked him to furnish proofs to establish that then chief minister was not consulted. Zafar requested the bench to summon the record regarding the judge’s appointment in the BHC. The court, however, rejected his plea.

Earlier, when Rahi was arguing his case, the CJP observed that Justice Isa’s experience as a BHC judge was not relevant to the case as now he had been appointed as a judge in the Supreme Court, which, he said, was a fresh appointment.

The CJP also rejected claims by the petitioner that the appointment of Justice Isa would have any bearing on seniority of other judges who have more judicial experience.

Talking to The Express Tribune, renowned lawyer Faisal Siddiqui condemned Ali Zafar for supporting the petition against Justice Isa’s appointment as the BHC chief justice, adding Zafar pretended to appear on behalf of LHCBA and SCBA without producing any authorisation or resolution in this regard.

“Although it is appreciated that such a petition was dismissed by the Supreme Court as not maintainable but it is surprising that the Supreme Court heard Ali Zafar without any application or without producing any formal authorisation by the said bars,” said Siddiqui.

Balochistan Bar Council (BBC) member Munir Kakar lauded the SC’s decision to dismiss petition against Justice Isa, adding that the provincial bar will warmly welcome the CJP at the Quetta registry next week

Kakar, however, expressed disappointment over the role of LHCBA president Awarul Haq to support the petition, adding that it was not expected of Lahore bar. “What message has been given by LHCBA to bars of smaller provinces?” he asked.