CJP Isa ‘disappointed’ over objections raised by Justice Ahsan

Top jurist of the Supreme Court says ‘accusations contrary to record’

ISLAMABAD:

Chief Justice of Pakistan (CJP) Qazi Faez Isa on Tuesday expressed his disappointment regarding a letter penned by senior Supreme Court judge Justice Ijazul Ahsan, wherein he raised objections to the benches recently formed to hear two high-profile cases.

The Supreme Court Registrar last week issued a cause list according to which a six-member larger bench led by SC Senior Puisne Judge Sardar Tariq Masood is going to take up tomorrow, December 13, the intra-court appeals filed against an SC larger bench’s order banning trial of civilians in military courts.

According to the cause list, another three-member special bench led by Justice Aminuddin Khan will take up on Friday, December 15, SC judge Sayyed Mazahar Ali Akbar Naqvi’s constitution petitions against the misconduct proceedings initiated against him by the Supreme Judicial Council.

Read more: SC judge finds fault with recent benches

In his letter sent to the registrar on Monday, Justice Ahsan had noted that he had attended the meeting of the three-member committee held in the chamber of CJP Isa on Thursday, December 7, with regard to formation of benches in the two cases.

He said it was agreed in the meeting that as the bench that delivered a verdict against court-martial of civilians comprised five judges, the bench to hear appeals against the verdict should have seven judges.

Justice Ahsan stated that the CJP had agreed to his suggestion that in order to dispel the impression of “pick and choose” the bench to hear the appeals against military courts and Justice Naqvi’s petition should consist of the senior most judges of the court.

In response, the CJP also wrote a letter today, expressing his disappointment over the letter earlier written by Justice Ahsan. “I am disappointed to have received your letter of 17 November 2023 concerning the working of the committee constituted under Supreme Court Practice and Procedure) Act, 2023 (respectively the Committee and the Act). You allege that you have not been consulted with regard to the constitution of Benches. My door is always open to all my colleagues, I am also available on intercom and via cell phone, but surprisingly you neither came to talk to me nor reached out to me by intercom or cell phone to express your concerns,” the CJP wrote.

Read: Military trials: Justice Masood to head SC bench

Justice Isa said that after receiving Justice Ahsan’s letter he immediately called him on the intercom, but it was not answered. “Thereafter, I asked my staff to contact your office and learnt that you had left for Lahore, early Friday afternoon and before the end of the working day. We are paid to work six days, not four and a half days,” he added.

“If I did not want to consult either you or Justice Sardar Tariq Masood would I have supported, believed and imposed the process of consultation on myself when a Bench, of which you were a member, had suspended the operation of the Act,” he questioned.

Addressing the allegations against him, the top jurist said that the first meeting of the committee was delayed due to the non-availability of Justice Ahsan. “Another [meeting] could not take place because you were attending a conference in Hong Kong then the next Thursday (9 November 2023) was declared a public holiday and the Committee could not meet on the last Thursday (16 November 2023) because of the ill health of our colleague, and you had consented to the meeting being adjourned to the coming week. On my part I have throughout been available, have never adjourned a meeting because it was Inconvenient for me, and have always accommodated my colleagues,” he explained.

Regarding the issuance of a fresh court roster, CJP Isa said that the same was necessitated because some Judges were not available. “You (Justice Ahsan) and Justice Yahya Afridi were in Hong Kong attending a conference, Justice Sardar Tariq Masood had taken leave on account of his daughter's wedding and then had fallen ill, and Justice Sayyed Mazahar Ali Akbar Naqvi has never been available for work on Fridays' but informs the Registrar of his unavailability at the eleventh hour. I may also remind you that Justice Naqvi was a member of a Bench with you but, after the Bench was constituted, you informed me that since his matter is before the Supreme Judicial Council you would not want to sit with him.”

He maintained that the constitution of the benches also demonstrated that every Judge is treated equally and with respect, and special benches are not made for particular cases and to include or exclude judges.

“Your accusations are contrary to the record and the facts. Nonetheless, if you have any suggestions for the reconstitution of Benches kindly propose the same and I shall convene a meeting of the Committee by requesting Justice Sardar Tariq Masood to join me at the Supreme Court and you should make it convenient to attend the Supreme Court Registry at Lahore to participate through video link,” he further said.