CJ appoints deputationist as SC registrar

Timing of move surprising as top judge retires next week

ISLAMABAD:

Just days before his retirement, Chief Justice of Pakistan (CJP) Umar Ata Bandial has appointed deputationist judicial officer Abdul Razzaque as Supreme Court Registrar on a deputation basis, as per a notification issued on Wednesday.

Abdul Razzaque, a district and sessions judge, currently working as an additional registrar in the top court, has been appointed with immediate effect.

He will be entitled to a deputation allowance of 20% of his basic pay, up to a maximum of Rs20,000 per month, along with other usual allowances applicable to employees of the court.

However, sources have revealed that Chief Justice-designate Justice Qazi Faez Isa was not properly consulted before the appointment.

Instead of a civil servant, CJP Bandial has preferred to appoint a judicial officer as SC Registrar. This differs from a previous appointment made by the CJP, in which Justice Isa had objected to the selection of a civil servant as the SC Registrar.

It is worth noting that Abdul Razzaque has already completed a five-year tenure of deputation in the apex court and is known for his close association with ex-CJP Mian Saqib Nisar and his camp.

Following his appointment, questions were raised regarding whether the appointment was made with the consultation of Justice Qazi Faez Isa, who will assume the position of chief justice in the near future.

Officials close to outgoing CJP Bandial's camp claim that the appointment was made with mutual consultation. However, it is a temporary arrangement.

However, sources claimed that Chief Justice-designate Justice Qazi Faez Isa was not properly consulted before the appointment of Abdul Razzaque.

Lawyers have also expressed surprise at the timing of the appointment, just ten days before CJP Bandial's retirement. Many believe that Justice Qazi Faez Isa should have exercised his authority to appoint the new registrar.

This mirrors a similar situation last year when CJP Bandial appointed a civil servant as the SC Registrar, objections were raised by Justice Isa. In a letter to CJP Bandial, Justice Isa had highlighted that this appointment violated the Constitution and compromised the independence and separation of powers between the judiciary and the executive.

"I have also repeatedly objected to, and in writing, that a bureaucrat, imported from the prime minister’s Secretariat, continues as the Registrar of the Supreme Court. It is widely perceived, that he determines which cases are fixed, when and before whom, and which are to be forgotten. A Registrar cannot be a person borrowed/deputed from the Executive,” read the letter written by Justice Isa to CJP Bandial last year.

"In my opinion, the Registrar's appointment is in clear violation of the Constitution, which mandates the complete independence of the judiciary and its separation from the executive," Justice stated in the letter.

"I thought twice before writing this letter. However, the Constitution specifically recognises the most senior Judge of the Supreme Court (including in Article 175A(3) and Article 180), and with seniority comes responsibility, which must not be shirked. The most senior Judge also ensures the continuity of the Supreme Court as an institution. As far as I know, every predecessor of yours consulted the most senior Judge.”

This established practice has been discarded, which may have adverse attendant consequences for the institution. Silence would maintain me in good stead while speaking out may be visited upon with consequences, but having sworn to preserve, protect and defend the constitution, the letter stated.