ISLAMABAD (TLTP): While raising objection over the Supreme Court’s verdict that barred him to hear cases involving Prime Minister Imran Khan, the SC judge, Justice Qazi Faez Isa, termed the order and events leading up to it suffer from the improprieties and illegalities.
On February 11, after dismissing the plea about allegations that the PM has distributed development funds among lawmakers Chief Justice of Pakistan Gulzar Ahmed said in a written order that Supreme Court Justice Qazi Faez Isa “should not hear matters involving the prime minister”.
Citing the reason of his order in the matter, the top judge noted that since Justice Qazi Faez Isa had, in personal capacity, filed a petition against PM Imran Khan, it “would not be proper” for the former to hear cases involving the PM in order “to uphold the principle of un-biasness and impartiality”.
However, in a 28-page dissenting note to the February 11 order on Saturday, Justice Qazi Faez Isa raised objections on 20 points from the judgement, underscoring that the decision undermines the judiciary and the Supreme Court.
Justice Qazi Faez Isa pointed out that without informing the two-member bench, which was already hearing the matter, the chief justice decided to reconstitute the bench, expand it and exclude Justice Maqbool Baqar from it.
He further said that no one had alleged bias or lack of impartiality against any judge on the bench but without consulting the bench, the chief justice “tersely announced that a Judge of the Supreme Court should not hear any case involving the Prime Minister”.
“The Hon’ble Chief Justice arbitrarily introduced a non-issue bias and lack of impartiality on the part of a Judge on the Bench,” the note further read.
Justice Qazi Faez Isa further objected that the judge was not made privy to the written order and that the order was sent to a junior judge while the said judge, his senior, was bypassed.
“The ‘Order of the Court’ was not written and thus, not signed, therefore, there is no Order of the Court and the matter remains pending,” he stated adding that the order was uploaded on the Supreme Court website before a judge had seen it, let alone had the opportunity to agree or disagree with it”.
“The order and case file were not sent, in accordance with long-standing established practice, to the said judge and the said Judge learnt of the order through the media,” Justice Qazi Faez Isa said in the note underscoring that he had to late write to the registrar to seek the order and case file.
The justice further stressed that Paragraph 6 of the order is unconstitutional as it was not passed under any of the different jurisdictions of the Supreme Court stipulated in the Constitution.
“Paragraph 6 of the order does not constitute a legal ‘order’ as per law and as per the precedents of this Court,” he stated.
“In conclusion, I must say that it has been extremely painful for me to write this order. I apologise if anything herein has hurt or offended as that has not been my intention. I have said what I felt I needed to say in the hope that unstructured discretion is curtailed.”
“Since it has never served any institution nor the interest of the people. To end on a positive note, the most resilient and finest institutions are those wherein there is candour, transparency and legitimate dissent,” he said adding that he prays that courts stand against all manner of constitutional violations and safeguards the people against misuse of power.”
