Justice Isa loathes being left out of crucial affairs

Says despite CJP Bandial’s predecessor, he is not consulted in composition of benches

ISLAMABAD:

Justice Qazi Faez Isa, the senior puisne judge of the Supreme Court, who is notified as the chief justice of Pakistan with effect from September 17, has complained that despite his predecessor, incumbent CJP Umar Ata Bandial does not consult with him in composition of benches as well as other crucial affairs of the apex court.

Justice Isa's note is public which was read by him during the start of hearing of constitutional petitions against trial of civilians before military courts under the army act.

However, three paras were not read out by him during the hearing wherein he complains that CJP Bandial never consulted with him as well as the other senior judge, Justice Sardar Tariq Masood, in composition of benches and other important affairs.

The clash between the CJP designate and the incumbent one has continued throughout the tenure of the latter. Harsh words were exchanged between them a couple of times, especially during the Judicial Commission of Pakistan (JCP) meeting on the appointment of SC judges last year.

Justice Isa in his note says that there is a precedent in the apex court that the consultation is always made with senior judges regarding the composition of benches as well as other crucial affairs.

Similar method was followed by previous chief justice Gulzar Ahmed as he continuously consulted with then senior puisne judge Justice Umar Ata Bandial and even the latter was assigned either to head or be part of the bench in every important case.

However, Justice Isa says that after taking charge as head of the institution, Justice Bandial gave up this trend and did not consult with him and Justice Masood.

He (CJP Bandial) ran the courts’ matters arbitrary or through his selected officials.

Read Justice Isa promises reforms on becoming CJ

Justice Isa also pointed out that no full court meeting was convened during incumbent CJP Bandial’s tenure.

The SC judge also questioned fixing the case related to the validity of internment centres for more than three years.

He pointed out that similar nature of 26 cases like this present matter about the trial of civilians before military courts are already pending wherein the apex court on October 24, 2019 suspended the Peshawar High Court’s (PHC) order of holding Khyber-Pakhtunkhwa Action (in Aid of Civil Power) Ordinance, 2019, as illegal and notifying all internment centres as sub-jails.

Last hearing was conducted on December 4, 2019. Interestingly, the appeal against the PHC decision was filed by the then federal government led by former premier Imran Khan.

Justice Isa was of the view that when the hearing of the case is started, it should be decided without delay. However, despite a passage of more than three years, these 26 cases are not listed for hearing.

It is learnt that this Justice Isa's note was removed from Supreme Court website immediately.