Supreme Court (SC) Justice Qazi Faiz Isa has raised multiple questions over the verdict of a six-member larger bench of the Supreme Court which deposed his order that all suo motu proceedings should be stopped.
In a nine-page note issued on Saturday, Justice Isa maintained that as the gathering in a court of six distinguished judges was not permissible under the Constitution or under any law, “the Supreme Court’s order dated 29 March 2023 passed in Case No 4 could not have been set aside by the 4 April Note”.
Justice Isa noted that the Constitution did not confer jurisdiction on a bench or on judges of the SC (no matter how many in number) to sit in an appeal over an order of the top court.
The judge further pointed out that Ishrat Ali, a federal government employee, was sent on deputation to the SC to work as its registrar.
He maintained that Ishrat Ali was “withdrawn” by the federal government, however, he refused to abide by the order.
It is pertinent to mention here that Justice Faiz had asked the registrar to resign for issuing a circular, discarding his judicial order related to suo motu proceedings.
Earlier, a six-member bench of the Supreme Court was formed in unusual haste to deliberate on Justice Faez Isa’s order freezing all the suo motu notices. The bench closed the case after a hearing that lasted a total of five minutes.
