ISLAMABAD: The federal cabinet on Monday withdrew the services of Supreme Court (SC) Registrar Ishrat Ali following a letter from Justice Qazi Faez Isa seeking his removal from office, ARY News reported.
Prime Minister Shehbaz Sharif chaired a special meeting of the federal cabinet held at the Prime Minister House. The ministers considered in detail two-point agenda.
Minister for Law Senator Azam Nazeer Tarar and Attorney General Mansoor Usman Awan briefed the cabinet on different matters.
The meeting examined the issue of issuance of a circular by the Registrar Supreme Court (SC) against the order of apex court.
The cabinet decided to withdraw the services of Registrar Supreme Court and asked him to report to the Establishment Division.
The federal cabinet also asked President Dr Arif Alvi to immediately sign the Supreme Court Practice and Procedure Act 2023 so that the country could be taken out of the constitutional and political crisis.
Justice Isa’s letter
Earlier in the day, Justice Qazi Faez Isa wrote a letter to the Supreme Court (SC) Registrar Ishrat Ali and advised him to immediately relinquish his office after his circular purporting to ‘undo, disobey and violate order dated 29 March 2023 of a three-member SC bench.’
On March 31, the Supreme Court (SC) Registrar Office rejected Justice Qazi Faez Isa’s observation regarding the hearing of suo moto cases. The SC Registrar’s Office issued a circular regarding the hearing of cases under Article 184/3.
On Wednesday, a three-member bench of the Supreme Court ordered to adjourn the hearing of cases of constitutional importance and suo motu notices.
READ: PRESIDENT OKAYS WITHDRAWAL OF REFERENCE AGAINST JUSTICE QAZI FAEZ ISA
In his letter, Justice Isa stated, “I was astonished to receive your ‘Circular bearing No. Registrar/2023/SCJ dated 31 March 2023 (the Circular). The Circular purports to negate, undo, disobey and violate order dated 29 March 2023 of a three-member Bench of the Supreme Court, passed in Suo Motu Case No. 4 of 2022.”
He said that the SC Registrar does not have the power or authority to undo a judicial order, and the Chief Justice cannot issue administrative directions with regard thereto.
He demanded the authorities to immediately recall SC Registrar Ishrat Ali to prevent him from further damaging the reputation and integrity of the Supreme Court.
Last month, the Senate passed the Supreme Court (Practice and Procedure) Bill 2023, which aimed to clip powers of office of the chief justice of Pakistan (CJP) to take suo motu notice.
The bill was moved by Federal Law Minister Azam Nazir Tarar in the Senate. The Supreme Court (Practice and Procedure), Bill 2023 was adopted by a majority vote of 60-19.
The bill
Under the new legislation, the decision for suo motu notice will be taken by three senior judges of the Supreme Court (SC).
Moreover, the bill also includes a clause regarding the right to appeal against the decision, which could be filed within 30 days and fixed for a hearing in two weeks.
It added that the party will be allowed to change its lawyer in a suo motu case. Under Article 184, the matter will be presented before a judges committee. The committee will review the case and later form a five-member committee for any kind of constitutional interpretation.
The act will be taken into effect on all verdict of the high courts and the Supreme Court (SC).
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