Justice Isa says he takes exception to the manner in which JCP meetings called

ISLAMABAD: Justice Qazi Faez Isa, senior puisne judge of the Supreme Court, took strong exception to the summoning of the Judicial Commission of Pakistan (JCP) meeting without informing him.

In a letter addressed to the Chief Justice of Pakistan, Umar Ata Bandial, and copied it to the SC Registrar with the direction to print this message and immediately deliver to all the JCP members.

Justice Faez wrote; “I learnt, through the media, that two meetings of the Judicial Commission of Pakistan (JCP) have been called for the 28 and 29 June to consider the nominees to the Sindh High Court (‘SHC’) and of the confirmation of the additional judges of Lahore High Court (LHC).” Neither the chief justice of Pakistan nor Jawad Paul, the secretary of the JCP informed me of these meetings.

“My Private Secretary took photos of the Secretary’s letters which he WhatsApped me, and photos of the accompanying 3 large boxes of documents, presumably containing the particulars of the nominees and specimens of their work.”

“I take great exception to the manner in which these JCP meetings have been called. And, it has become tiresome to keep repeating the details of the manipulative and illegal conduct of the Secretary. Serious concerns, expressed verbally and in writing, about the Secretary remain unaddressed; the courtesy of a reply is not even extended. Is this disdain, arrogance or a flaunting of unaccountability? And, does such conduct strengthen and build institutions or weaken and destroy them?”

SC slots: Justice Isa for following principle of seniority

He further wrote that when the matters are determined unilaterally, and arbitrarily, and the Secretary cum Registrar is completely unaccountable, one may well question what legitimacy attaches to the Supreme Court taking issue with those who similarly exercise powers in their respective domains?

He penned down 19 reasons for not calling the JCP meetings on June 28 and 29.

These meetings could have been held earlier, that is, when the SC was not on vacations. They can be held when vacations are over. Similarly, the SHC and the LHC are also on summer vacations.

The 20 vacancies sought to be filled in did not suddenly occur. They have existed for years. Where lies the sudden need to fill them, and, to do so in such a tearing rush?

The tenure of the 13 LHC additional judges was recently extended by six months. Why has this matter been brought up again so soon afterwards?

Justice Faez further questioned, does special treatment with regard to the LHC incumbents not create unnecessary misgivings? Will those in other provinces and of Islamabad not legitimately question this differential treatment? And, will this provide a pretext to those who want to create fissures in the unity of the nation?

He stated that the reason to extend the tenure of the 13 LHC additional judges was because we did not have the opportunity to examine their documents contained in 2 boxes. Which now have become 4 boxes which we have not had the time to examine.

Is it at all reasonable to presume that JCP members have examined the voluminous documents contained in a box with regard to the nominees of the SHC in a few days? And, those members on sanctioned leave and who are abroad are not given an opportunity to examine them at all.

He wrote that the senior most judge always chairs one of the 2 committees (antecedents and competence). Why has he been denied this responsibility with regard to these nominees?

Incidentally, I am the only judicial member of the JCP who has lived and practiced in Sindh. Then does it stand to reason to exclude me from consultation with regard to appointments to the SHC? And, is it not insulting that I have not been nominated to chair either of the 2 committees regarding SHC appointments?

The ugly head of provincialism and ethnicity has raised itself because of the treatment meted out to the Chief Justice of the SHC (by the former CJP). He was bypassed by the then CJP, stating that he was not fit for appointment to the Supreme Court, yet just a few days later the same CJP proposed that he be appointed as an ad hoc judge of the SC. Did he become fit overnight? Or was this done to ridicule and humiliate him? If the CJ of a province is held in such contempt by the head of the institution, then is it justified to punish for contempt those others who belittle judges?

Copyright Business Recorder, 2022