Justice Qazi Faez Isa and Justice Yahya Afridi of the Supreme Court of Pakistan (SCP) have taken notice of the procedure for scheduling hearings in the apex court, summoning Registrar Ishrat Ali to appear before them.

The court summoned the registrar to appear before the two Justices along with all records, stating that there is no “transparency” in his office.

The development came after Justice Faez Isa, the second senior most judge in the court, found his bench changed in the morning from what it was yesterday. The future Chief Justice said that the cases whose files he had read yesterday had been changed while the judge who was with him on the bench had been changed too.

RELATED STORIES


“I am a judge of the Supreme Court, I have also been the Chief Justice of Balochistan High Court for five years. We want transparency, if the registrar transfers the case from one bench to another, how will there be transparency,” Justice Isa asked.

Faez Isa also said that it seems that a registrar is more powerful than a judge like him. “I cannot hear the cases dated 2010 because the registrar appoints the cases for hearing. Can I call the registrar and ask that put up such-and-such case before the bench?”

The honourable judge asked the registrar what is the policy of assigning cases. “On April 2, 2022, the court ordered the registrar to fix the procedure for fixing cases, there is no such thing as transparency in fixing cases in the registrar’s office.”

Ishrat Ali said that cases are set for hearing only with the approval of the Chief Justice of Pakistan. Justice Yahya Afridi then asked that Justice Hasan Rizvi was on ​​the bench, why did the bench change. “What is the procedure for fixing cases?”

Former President of the Supreme Court Bar, Amanullah Kunrani said that people are tired of asking but our cases are not taken up.

Justice Faez Isa asked the registrar that why was Justice Yahya Afridi and his bench changed? “Changing the bench without informing raises suspicions in the public mind,” said Isa.

The Registrar said the Chief Justice’s staff officer verbally instructed that the roster must be changed. Justice Isa said he apologises that he cannot hear his cases today due to the sudden change of bench.

He also said that a judge’s oath and code of conduct require equal treatment. “Article 10A is included in the fundamental rights, which says that there must be legal reasons for changing the bench.”

“Arbitrary decision was made by making a bench of will, the dignity of the judiciary will be lower due to lack of transparency. Transparency requires that the case which was entered first should be heard first,” said Justice Isa.