Justice Isa seeks removal of SC registrar

Says SC registrar imported from executive branch violates Article 175 (3)

ISLAMABAD:

Supreme Court senior puisne judge Justice Qazi Faez Isa has requested Chief Justice of Pakistan (CJP) Umar Ata Bandial to remove the SC registrar, who is a civil servant and working on deputation, as it violated the constitution.

In a five-page letter addressed to CJ Bandial, Justice Isa sought the removal of the registrar “before he causes the institution irreparable harm” and maintained that he has repeatedly insisted that a bureaucrat who is an integral part of the executive – the prime minister’s secretariat – could not hold the slot as it violated Article 175 (3) of the Constitution.

“This is exacerbated when the bureaucrat is incompetent with a demonstrable alternative agenda who with each passing day undermines the credibility, depute, independence and authority of the Supreme Court," the senior puisne judge wrote.

Justice Isa also raised questions over the filing of a writ petition by the SC registrar against the Pakistan Information Commission’s (PIC) order for sharing details of the apex court staff.

He further recalled that he had also written to ex-CJP Gulzar Ahmed to withdraw the writ petition from the Islamabad High Court (IHC) as the same was filed without consultation of all judges.

He pointed out that the fact that the apex court was standing as a petitioner and praying for relief before a high court was unprecedented, adding that neither SC Registrar Jawed Paul responded to his letter nor the writ petition was withdrawn from IHC.

Justice Isa went on to raise questions over full court meeting for enhancing perks and privileges of retired judges during ex-CJP Mian Saqib Nisar's tenure.

He further questioned the proposal to provide vehicles to retired judges.

"The last time full court met was on December 12, 2009. A number of important matters affecting the administration of justice need urgent resolution.”

However, Justice Isa added, SC Registrar Jawed Paul continues to overlook these important matters choosing instead to focus his attention on “diverting public resources”.

He circulated for affirmation by the full court a proposal to provide vehicles to retired judges, he added.

“I received this embarrassing proposal on June 1, 2022. The same day I asked Registrar to refer to the law, rule or regulation empowering the full court to do what is proposed,” the letter further read.