Supreme Court Registrar's Removal over Justice Isa Letter Deals Major Setback to Government.
The federal cabinet of Pakistan withdrew the services of Supreme Court Registrar Ishrat Ali on Monday, following a letter from Justice Qazi Faez Isa seeking his removal from office. The decision was taken during a special meeting of the federal cabinet held under the chairmanship of Prime Minister Shehbaz Sharif at the PM House in the federal capital.
The meeting’s participants considered a two-point agenda and received a briefing from Minister for Law Senator Azam Nazeer Tarar and Attorney General Mansoor Usman Awan. The cabinet examined the issue of issuance of a circular by the registrar against the order of the Supreme Court, following which he was asked to report to the Establishment Division.
Earlier, on March 31, Justice Isa had strongly reacted to the circular issued by the Supreme Court Registrar's office, which "disregarded" a judgment issued by a three-member bench, asking the Establishment Division to immediately remove Ishrat Ali to prevent him from further "damaging the reputation and integrity" of the top court.
A special apex court bench, with a two-to-one majority on March 29, had ordered the suspension of all suo motu cases under Article 184(3) of the Constitution until amendments are made to the Supreme Court Rules 1980 regarding the discretionary powers of the Chief Justice to form benches.
In his letter to the top court's registrar, the senior puisne judge had stated that the Chief Justice of Pakistan cannot issue administrative directions against a judicial order. He had also mentioned that the registrar's conduct demonstrated that he did not have the requisite competence, ability and understanding to hold the office of Registrar. Moreover, a bureaucrat holding the office of the Registrar violates Article 175(3) of the Constitution, which mandates the complete separation of the judiciary from the executive.
Justice Isa had asked the registrar to withdraw the circular immediately and inform all those who had set it, adding that it was in the best interest of him and that of the Supreme Court. He maintained that the circular refers to a decision of the Supreme Court (Suo Motu Case no. 4/2021, PLD 2022 Supreme Court 306), which pertained to invoking powers under Article 184(3) of the Constitution (suo motu). However, in the subject case, suo motu notice had not been taken by the bench before which it was listed for hearing on March 15, 2023.
The SC registrar "apparently violated the Constitution," Justice Isa noted and urged the authorities to initiate disciplinary proceedings against him in accordance with the applicable laws. The federal cabinet's decision to withdraw the services of the Supreme Court Registrar can be seen as a significant setback for the government, which has been under pressure from opposition parties and civil society groups to respect the independence of the judiciary. Moreover, the move is likely to intensify the ongoing political and constitutional crisis in the country.
In addition, 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. The act is aimed at improving the administration of justice and streamlining the procedures of the Supreme Court.
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