ISLAMABAD: In a three-page response to concerns raised by a Supreme Court judge over the working of a three-judge committee dealing with the fixing of cases before different benches, Chief Justice of Pakistan (CJP) Qazi Faez Isa on Tuesday expressed disappointment over the “allegations” levelled, saying that his doors were always open to all.
Referring to the accusation that Justice Ijaz-ul-Ahsan was not consulted with regard to the formation of benches, the CJP wrote that he was available for his colleagues, in person, over the intercom or via cellphone. However, he regretted that the judge had never approached him to express these concerns.
The CJP detailed how he tried to contact Justice Ahsan after receiving his letter, but did not get an answer, and later learning that he had already left for Lahore early on Friday afternoon, before the end of the working day.
“We are paid to work six days, not four and a half days,” he regretted.
Invites him to discuss issues on bench formation with himself, Justice Masood; Justice Naqvi says he has ‘no faith’ in SJC
Terming the SC judge’s accusations wrote that despite all this, if Justice Ahsan still had any suggestions for the reconstitution of benches, he should propose them.
Accordingly, he wrote, a meeting with Justice Sardar Tariq Masood and himself would be convened, which Justice Ahsan should attend via video link from Lahore.
Addressing the specific gripe raised by Justice Ahsan, the CJP wrote that he had initially scheduled the committee to meet after all orders passed during the course of the day had been written, checked and signed and this would be by Friday afternoon. However, on Justice Ahsan’s request, he noted, committee meetings were rescheduled to Thursdays.
He also recalled how Justice Ahsan had informed him after the bench was constituted that he did not want to sit alongside Justice Sayyed Mazahar Ali Akbar Naqvi, as he was facing proceedings before the Supreme Judicial Council (SJC).
The chief justice also asked whether he would have supported and imposed the consultation process after a bench that Justice Ahsan was part of had already suspended the operation of the Supreme Court (Practice and Procedure) Act, 2023, if he did not want to consult Justice Ahsan or Justice Masood in the first place.
SJC proceedings
Also on Tuesday, in an open letter to the CJP and all other judges of the apex court, Justice Naqvi claimed he had no faith in the SJC proceedings against him.
“The SJC chairman (CJP), allegedly is in blatant, apparent, untethered and repeated violation of the law, of his [Justice Naqvi] fundamental rights under the constitution,” he wrote, accusing CJP Isa of “bias”
“I reserve my rights to challenge these bogus SJC proceedings, and I will see it to the very end. My reputation is significant, the reputation of my seat is more significant,” the judge noted.
A three-judge SC bench comprising Justice Aminuddin Khan, Justice Jamal Khan Mandokhel and Justice Musarrat Hilali will take up on Dec 15 the constitutional petitions moved by Justice Naqvi.
Published in Dawn, December 13th, 2023
