Barring judge from hearing case against Imran Khan undermines Judiciary: Pak Justice Isa
Feb 21, 2021
Islamabad [Pakistan], February 21 : Pakistan Supreme Court Justice Qazi Faez Isa has called the apex court's order of barring him from hearing matters on Prime Minister Imran Khan as an attempt to undermine the judiciary.
According to a report by The News International, Chief Justice of Pakistan Justice Gulzar Ahmed on February 11 had issued orders restraining Justice Qazi Faez Isa from hearing matters involving the Prime Minister.
On Saturday, Justice Qazi Faez Isa said that the order was pronounced without even consulting his colleagues on the bench.
According to The News International, the Justice further said that without informing the two-member bench, which was already hearing the matter, it was ordered to reconstitute the bench, expand it and exclude Justice Maqbool Baqar from it.
"The order was sent to a junior judge while the said judge, his senior, was bypassed," Justice Faez Isa said.
He further said, "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".
He also said that the order of the court was not written, not signed and was uploaded on the Supreme Court website before a judge had seen it, let alone had the opportunity to agree/disagree with it, The News International reported.
"What commenced as an attempt to prevent corrupt practices and bribery ended with a Judge being rebuked and restrained," Justice Faez Isa said.
"It is about something far more important; the Constitution, the people's rights and their monies," he said.
The News International reported that the judge said that the prime minister's reported statement had said that money from the public purse would be disbursed for apparent political patronage at a time when the Senate elections were on the horizon, therefore, notice was issued by the two-member bench, however without a proper determination, and without ascertainment of the veracity and effect of the documents, the matter was abruptly disposed of.
The Judge concluded his letter by saying, "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" .
