ISLAMABAD: In a fresh twist to the ongoing crisis in the Supreme Court, Justice Qazi Faez Isa has challenged the legality of a six-member bench’s decision to set aside his order to halt suo motu proceedings.
The bench, headed by Justice Ijazul Ahsan, had reviewed the decision of a special SC bench led by Justice Isa and “closed” the case that prompted the latter’s order to freeze hearings of all sub judice suo motu notices.
Justice Isa, however, noted that the bench was wrongly constituted and could not disregard his bench’s majority order, adding that the constitution did not confer jurisdiction on any SC bench to sit in appeal over an order of the SC.
He also asserted that the legitimacy, integrity, and credibility of the judiciary must be upheld to maintain the people’s trust.
The crisis began when Justice Isa, while hearing a case examining the grant of additional 20 marks to Hafiz-e-Quran pre-medical candidates for admission into MBBS/BDS courses, ordered the postponement of cases being heard under Article 184(3) of the Constitution until amendments were made to the Supreme Court Rules 1980 regarding the discretionary powers of the chief justice of Pakistan to form benches.
636887384-s-m-c-4-2022-08042023Bench disregarded Justice Qazi Faez Isa’s order
The new bench, which disregarded Justice Isa’s order, had been hastily assembled and concluded the matter within a few minutes.
The challenge to the six-bench verdict sets the stage for further conflict in the apex court, which has been embroiled in a bitter internal feud over issues of jurisdiction and authority.
The judiciary’s legitimacy has come under scrutiny, and Justice Isa’s note is likely to fuel tensions between the court’s senior and junior judges.
The crisis has deepened, with no resolution in sight, and the fate of ongoing cases hangs in the balance.
