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Isa writes a dissenting note to the February 11th KS orders

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ISLAMABAD:

Justice Qazi Faez Isa has raised 20 objections to the February 11 Supreme Court ruling banning him from hearing cases concerning Prime Minister Imran Khan “to uphold the principle of impartiality and impartiality”.

Heading a wider bank of five judges also including Justice Isa, Pakistani Chief Prosecutor Gulzar Ahmed on February 11 disposed of a case initiated on the basis of a new report and an opinion on Prime Minister Imran Khan’s alleged plan to issue development funds to lawmakers.

The verdict written by CJ Gulzar said that since Justice Isa had already made a claim against Prime Minister Imran Khan in his personal capacity, “it would be in the interest of justice for the Honorable Judge not to hear cases involving the Prime Minister of Pakistan”

Issuing a 28-page dissenting note of the verdict on Saturday, Justice Isa stated that the verdict has damaged the judiciary and the Supreme Court and “the court order and the events that led up to it suffer from indecency and illegality.”

He noted that without informing the division bench, which had received news of Prime Minister Imran’s plan to release development funds, the chief justice decided to rebuild and expand the bench, excluding justice Maqbool Baqar, who was part of of the first bench along with justice It is a.

Justice Isa stated that no one had accused the previous panel of prejudice or bias, but without consulting the panel, the Chief Justice “loudly declared that a High Court judge [Justice Isa] should not hear any issues involving the prime minister. ”

“The honorary honorary chairman arbitrarily presented a bias of non-release and lack of impartiality on the part of a judge on the bench,” he added.

Justice Isa said he also had not become secretive about the February 11 written order and that the order was sent to a junior judge, bypassing him.

“The ‘Court Order’ was not written and thus, it was not signed, therefore, there is no ‘Court Order’ and the matter remains pending,” he stated, adding that the order was uploaded to the Supreme Court website before he saw him, let him have the opportunity to agree or disagree with him.

“The order and the case file were not sent to the judge in question, in accordance with the long-established practice [Isa] “and the judge in question learned about the order through the media,” wrote Justice Isa, noting that he had to write to the registrar later to request the order and the case file.

Read also: The Supreme Court deters Justice Isa from hearing the cases of the Prime Minister

Justice further stressed that Paragraph 6 of the order is unconstitutional as it was not enacted in any of the various jurisdictions of the Supreme Court set out in the Constitution. “Paragraph 6 of the order does not constitute a legal order under the law and the precedents of this court.”

Raising further objections, he said that Paragraph 6 does not constitute a decision within the meaning of Article 189 of the Constitution and contradicts the precedents of some of the larger groups of the court, saying that only the judge in question can decide whether he should consider a issue or not.

Justice Isa said Paragraph 6 is contrary to both established jurisprudence and Islamic principles and jurisprudence. He argued that the paragraph also contradicts the oath of the judges.

“The reported statement by Prime Minister Imran Khan said that money from public bags would be distributed for visible political patronage at a time when Senate elections were on the horizon, therefore, the announcement was issued by the two-member bench…

“However, without a proper definition, and without ascertaining the authenticity and effect of the documents, the case was suddenly dismissed,” Justice Isa said, adding that Paragraph 6 undermines the judiciary and the Supreme Court.

“What started as an attempt to prevent corrupt practices and bribery ended with a reprimand and restraint of a judge,” Justice Isa said.

Regarding the immunity of the Prime Minister under Article 248 of the Constitution, Justice Isa said that the SC has said that only actions in accordance with the Constitution and the law have constitutional protection.

“There is no constitutional protection if an office is misused for personal or political gain, enriching friends, taking bribes or using other corrupt practices, including diverting public funds to buy or forcing lawmakers to vote for candidates. special. “

The rooftop court judge, who is able to become Pakistan’s chief justice in September 2023, said the Feb. 11 ruling bothered him to such an extent that he even predicted his resignation.

“But then I remembered that this is not about a judge and his mistreatment. It is about something much more important; the constitution, the rights of the people and their money. “All these, with the help and grace of Allah Almighty, I tried to protect them and they (insha’Allah) will continue to do so.”

“In conclusion, I must say that it has been extremely painful for me to write this order. I apologize if anything here has been hurt or offended as it has not been my intention. I have said what I felt I had to say. in the hope that unstructured discretion is limited.

“To conclude with a positive note, the most flexible and best institutions are those in which there is sincerity, transparency and legal dissent. “The court opposes all forms of constitutional violations and protects people from abuse of power,” Justice Isa noted.



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