Tag: Qazi Faiz Isa

  • Imran warns of protests if Chief Justice Pakistan given extension

    Imran warns of protests if Chief Justice Pakistan given extension

    Chairman Pakistan Tehreek e Insaf (PTI) Imran Khan has warned of a nationwide protest if the government attempts to extend the tenure of Chief Justice of Pakistan (CJP) Qazi Faiz Isa.

    The former Prime Minister has said that protests will be held if the CJP-led bench fails to implement the verdict on reserved seats.
    The former premier alleged that the CJP and the Election Commission of Pakistan (ECP) worked together, with the military supporting them, while talking to the media in Adiala jail.

    Mr Khan further said: “All these things have been witnessed in Pakistan as well. Before elections, a crackdown was launched against the PTI on the pretext of May 9 violence”, while terming the situation in Pakistan worse than Bangladesh.

  • CJP offers apology over delay of justice to murder convict

    CJP offers apology over delay of justice to murder convict

    Chief Justice of Pakistan Qazi Faez Isa has ordered the immediate release of a man scheduled to be set free six years ago.
    Advocate Ahmad Shuja Butt, the convict’s lawyer, told the appellate bench that Mohammad Akram, a resident of Khanewal who was convicted in 1997 of murder, was still in jail six years after the reconciliation of both parties.

    Justice Isa offered an apology for the Apex Court’s inability to serve justice.
    In its order, the five-member Shariat appellate bench stated that the conclusion took time to reach due to the lack of proper assistance.

  • Chief Justice Qazi Faez Isa nay Mercedes neelami pay lagga dee

    Chief Justice Qazi Faez Isa nay Mercedes neelami pay lagga dee

    Chief Justice of Pakistan Qazi Faez Isa, has ordered that two luxury vehicles, allocated for his use by both the federal and Punjab governments, should be auctioned, as per Geo News.

    The decision comes as Chief Justice Isa deems the allocation an “inappropriate splurge of scarce public resources.”

    The Supreme Court registrar communicated the Chief Justice’s decision through a letter addressed to the federal government, cabinet secretary and Punjab chief secretary.

    The letter revealed that in September 2020, the apex court purchased a new Mercedes Benz, 2996 CC sedan for the Chief Justice at the cost of Rs61 million.

    Furthermore, the Government of Punjab provided a brand new bullet-proof Toyota Land Cruiser with registration number LEG-S00 for the use of the Chief Justice of Pakistan.

    The vehicle is currently stationed at the Supreme Court Rest House in the Government Officers Residence (GOR), Lahore.

    The communication emphasized that, by established rules, every judge of the apex court is entitled to two vehicles.

    “Justice Isa has not used the said Mercedes sedan nor the Toyota Land Cruiser,” said the letter. It further stated that it is an “inappropriate splurge of scarce public resources to buy imported luxury vehicles for the use of constitutional and public office holders”.

    “Therefore, these vehicles may be collected and auctioned and the money realised from the sale be spent on much needed public transport,” said the letter.

    Justice Isa took oath as the 29th CJP in September of this year after his predecessor Umar Ata Bandial hung up his robes.

    Justice Isa’s tenure as the country’s chief justice, however, will be quite brief, as he is set to retire from the position on October 25, 2024.

    He took oath as the apex court’s judge on September 5, 2014.

  • ‘Zia-ul-Haq ko Sadar Nahi Maanta’: Chief Justice of Pakistan

    ‘Zia-ul-Haq ko Sadar Nahi Maanta’: Chief Justice of Pakistan

    Chief Justice of Pakistan, Justice Qazi Faez Isa gave an unexpected but strongly worded statement during the hearing of the Faizabad sit-in case, stating that he doesn’t recognize the late military dictator General Zia-ul-Haq as president, as per Neo News.

    During the hearing of the Faizabad sit-in case, Justice Faiz Isa, addressing Ijaz-ul-Haq’s lawyer, said that he does not consider Zia-ul-Haq the President of Pakistan.

    When the Attorney General revealed that Ijaz-ul-Haq’s lawyer had been asked to provide a written reply with an affidavit to withdraw the statement, the lawyer of countered the Attorney General’s statement, denying that he had been asked to retract the statement.

    Ijaz-ul-Haq’s lawyer informed the court that his client had merely stated that his name should be removed from the verdict, to which Chief Justice Justice Faiz Isa remarked that Ijaz-ul-Haq’s name was only mentioned in the report by intelligence agencies, and it was not included in the verdict.

    During the same conversation, when Chief Justice Justice Faiz Isa mentioned that Ijaz-ul-Haq is the son of former army chief Zia-ul-Haq, his lawyer replied that his father was also the President of Pakistan. In response, the Chief Justice stated, “I do not consider Zia-ul-Haq the President of Pakistan. No one can become the President by the force of arms. Do not call Zia the President again in this court.”

    The lawyer of Ijaz-ul-Haq, the son of former military ruler Zia-ul-Haq, asserted that it is documented in the constitution that Zia-ul-Haq was the president. Chief Justice Justice Faiz Isa responded by remarking that Zia-ul-Haq had written in the constitution that he was the president for five years.

    Earlier today, the Supreme Court of Pakistan issued summons for the chairman of the Pakistan Electronic Media Regulatory Authority (PEMRA) following allegations of “media coercion” during the 2017 Faizabad sit-in.

    The summon was initiated by a three-member bench of the apex court, led by Chief Justice of Pakistan (CJP) Qazi Faez Isa, and including Justice Aminuddin Khan, and Justice Athar Minallah.

    The hearing, part of a series of nine review petitions against the Supreme Court’s February 6, 2019 verdict on the Faizabad sit-in case, was marked by significant developments.

    Authored by Justice Isa years before he took oath as the chief justice of Pakistan (CJP), the searing judgement had instructed the defence ministry and the tri-services chiefs to penalise personnel under their command who were found to have violated their oath.

  • Supreme Court upholds Practice & Procedure Act 2023

    Supreme Court upholds Practice & Procedure Act 2023

    The Supreme Court (SC) has issued a verdict in favour of the SC (Practice and Procedure) Act, 2023, dismissing petitions challenging its validity.

    Headed by Chief Justice Qazi Faez Isa, the SC full bench consisted of Justice Sardar Tariq Masood, Justice Ahsan, Justice Syed Mansoor Ali Shah, Justice Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Naqvi, Justice Jamal Khan Mandokhel, Justice Mazhar, Justice Ayesha, Justice Athar Minallah, Justice Rizvi, Justice Waheed and Justice Musarrat Hilali.

    The decision was upheld by 10-5 majority.

    While reading out the order, CJP Isa noted that five members of the full court bench — Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahir Ali Akbar Naqvi, Justice Ayesha A Malik, and Justice Shahid Waheed — had opposed the law.

    The decision on the SC (Practice and Procedure) Act, 2023, case was delivered after the completion of all arguments. Attorney General Mansoor Awan presented a comprehensive case in favor of the act, leading to the full court’s decision in support of the legislation.

    The SC (Practice and Procedure) Act, 2023, has been a subject of considerable debate and legal scrutiny, with various petitions seeking its annulment. However, the apex court has preserved the Act, emphasising its continued relevance in the legal system.

    However, by an 8-7 decision, the majority of judges have decided against the provision of law wherein retrospective right of appeal was given in the Act.

    The Supreme Court (Practice & Procedure) Act, 2023, which has been at the centre of legal debate and judicial proceedings, introduced several crucial provisions, reshaping the functioning of the Supreme Court of Pakistan:

    1. Sou Motu Notice: The Act granted the power of taking suo motu notice to a three-member committee, consisting of senior judges, including the Chief Justice. This provision aimed to facilitate the initiation of legal proceedings in the apex court and ensure transparency. It also included the right to appeal.
    2. Constitution of Benches: According to the Act, every case, matter, or appeal brought before the Supreme Court would be heard and decided by a bench formed by a committee comprising the Chief Justice and the two most senior judges. Decisions of the committee would be made by a majority vote.
    3. Original Jurisdiction: When exercising the apex court’s original jurisdiction, the Act mandated that any matter invoking the use of Article 184(3) must first be presented before the committee.
    4. Interpretation of the Constitution: In cases where the interpretation of the Constitution was necessary, the Act stipulated that the committee would assemble a bench consisting of no fewer than five Supreme Court judges.
    5. Right to Appeal: In instances where a decision was made by a Supreme Court bench exercising Article 184(3) jurisdiction, the Act allowed for an appeal to be filed within 30 days of the bench’s order. This appeal would be scheduled for a hearing within a period not exceeding 14 days.
    6. Retrospective Right of Appeal: The Act also extended the right of appeal retrospectively to individuals who had been affected by an order made under Article 184(3) before the commencement of the SC (Practice and Procedure) Act, 2023, provided that the appeal was filed within 30 days of the Act’s implementation.
    7. Choice of Counsel: Parties involved in legal proceedings were granted the right to select their counsel for filing a review application under Article 188 of the Constitution.
    8. Urgency and Interim Relief: The Act outlined that any application claiming urgency or seeking interim relief in a case, appeal, or matter would be scheduled for a hearing within 14 days from the date of filing.
  • CJP Isa hints at winding up ‘Practice and Procedure’ Act case today

    CJP Isa hints at winding up ‘Practice and Procedure’ Act case today

    A full court bench comprising 14 judges headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa has resumed hearing  petitions challenging the SC (Practice and Procedure) Act on Tuesday.

    State-run PTV is live-streaming the court’s proceedings.

    The full court bench includes CJP Isa, Justice Sardar Tariq Masood, Justice Ijaz Ul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed, and Justice Musarrat Hilali.

    At the previous court hearing, the full panel of judges in the apex court had requested responses from all involved parties by September 25th.

    At the beginning of the hearing, Faez Isa said that the court will try to wind up hearings on the case today (Tuesday).

    There are many cases already pending in the court, CJP added.

    CJP Isa also directed the petitioner’s lawyer to end his arguments in 10 minutes.

    The CJP stated that this legislation does not diminish the authority of the chief justice; instead, it distributes these powers among the judges.

    He commented that this law will have a specific impact on the chief justice and the two most senior judges.

    “When martial law is imposed, everyone surrenders their weapons. There are many pictures [of judges] in this room who forgot their oath after the imposition of martial law,” CJP Isa remarked after the lawyer read out the judges oath in the court.

  • Chief Justice Faez Isa cracks down on adjournments

    Chief Justice of Pakistan (CJP) Qazi Faiz Isa has called on his fraternity to stop the practice of seeking adjournments in order to decrease the number of pending cases in the apex court of the country.

    On Monday, during a hearing of an agreement violation case, the CJP stated, “Get this out of our mind that adjournments will be granted [in cases] from now on,” he said, adding that they should now be considered a thing of the past.

    Emphasizing that there are numerous cases before the Supreme Court that are still pending, Qazi Faez Isa said that in every case, a notice will be given to parties on a single hearing, and a decision will be made about the arguments in the next hearing.

    CJP Isa said that by using this case, he was telling everyone that adjournments would no longer be granted.

    The top judge remarked that other courts grant time to submit case-related documents. The Supreme Court is the last resort court where records of all cases have been filed in advance, he added.

  • Justice Faiz Isa questions disposal of his order to stop all suo motu proceedings

    Justice Faiz Isa questions disposal of his order to stop all suo motu proceedings

    Supreme Court (SC) Justice Qazi Faiz Isa has raised multiple questions over the verdict of a six-member larger bench of the Supreme Court which deposed his order that all suo motu proceedings should be stopped.

    In a nine-page note issued on Saturday, Justice Isa maintained that as the gathering in a court of six distinguished judges was not permissible under the Constitution or under any law, “the Supreme Court’s order dated 29 March 2023 passed in Case No 4 could not have been set aside by the 4 April Note”.

    Justice Isa noted that the Constitution did not confer jurisdiction on a bench or on judges of the SC (no matter how many in number) to sit in an appeal over an order of the top court.

    The judge further pointed out that Ishrat Ali, a federal government employee, was sent on deputation to the SC to work as its registrar.

    He maintained that Ishrat Ali was “withdrawn” by the federal government, however, he refused to abide by the order.

    It is pertinent to mention here that Justice Faiz had asked the registrar to resign for issuing a circular, discarding his judicial order related to suo motu proceedings.

    Earlier, a six-member bench of the Supreme Court was formed in unusual haste to deliberate on Justice Faez Isa’s order freezing all the suo motu notices. The bench closed the case after a hearing that lasted a total of five minutes.