Islamabad: Justice Qazi Faez Isa requested the establishment division to immediately dismiss Supreme Court Registrar Office registrar Ishrat Ali. It is to prevent him from “damaging the reputation and integrity” of the top court.
On March 29, a two-to-one special apex court bench suspended all suo motu matters under Article 184(3) of the Constitution. `Till the Supreme Court Rules 1980 amended to allow the chief justice to constitute benches.
Moreover, The senior puisne judge wrote to the top court’s registrar that the CJP cannot provide administrative instruction against judicial order.
“Your circular bearing No. 2023/SCJ Registrar. The circular negates, undoes, disobeys, and violates a three-member Supreme Court judgment. While, The judgment was from March 29, 2023. approved in 2022 Suo Motu Case 4. “The Registrar cannot undo a judicial order, and the Chief Justice cannot issue administrative directions,” the letter stated.
He added, “Your conduct demonstrates that you do not have the requisite competence, ability and understanding to hold the office of Registrar. A bureaucrat as Registrar also contradicts Article 175(3) of the Constitution, which separates the court from the executive.
Furthermore, The top judge requested the registrar to immediately retract the circular and notify those who set it, saying it was in his and the Supreme Court’s best interests.
Moreover, Judge Isa said, “If you had read it you would have realised that it pertained to invoking powers under Article 184 (3) of the constitution” (suo motu). The bench hearing the matter on March 15, 2023, did not take suo motu notice. You missed this evident distinction and did not realize that the circular instance was not applicable.”
Moreover, Judge Isa said the SC registrar “apparently violated the Constitution”. He requested the authorities to discipline him according to the law.