20-point detailed note by Justice Qazi Faiz Isa

 20-point detailed note by Justice Qazi Faiz Isa

 

On Saturday, April 8, Supreme Court Senior Justice Qazi Faiz Isa issued a detailed note containing 6 pages and 20 points in the Hafiz Quran 20 additional number case. In the first two points, he wrote about Ishrat Ali, Registrar Supreme Court, that Ishrat Ali is on deputation at Registrar Supreme Court. Sent, Ishrat Ali was recalled by the federal government through a notification on April 3, Ishrat Ali refused to comply with the order of the federal government, and on April 4, Ishrat Ali falsely presented himself as the registrar. Point No. 3 According to the note issued by the registrar under the circular, it cannot cancel the order of the Supreme Court of March 29. In point number 4, it is explained with an explanation about the formation of the Supreme Court under Article 176 of the Constitution of Pakistan the Supreme Court Chief Justice, and other judges. It means only Chief Justice does not mean Supreme Court. Point No. 5 and 6 mention the jurisdiction of the Supreme Court under Articles 175(2), 184, 185, 186, 186-A, 188, 204, and 212(3) of the Constitution of Pakistan. Suppose the Supreme Court decides to hear a case of murder itself, then the Supreme Court convicts or acquits the accused, this action on the part of the Supreme Court will not have any legal effect, and neither will the Constitution. Nor has the law empowered the Supreme Court to hear criminal cases, which can be heard by a Sessions Judge who is two ranks below the judges of the Supreme Court. , this jurisdiction is not available to the Supreme Court. In point no. 7 and 8, the larger bench and order of April 4 have been declared unconstitutional and illegal. And if the order of March 29 was supposed to be revised, then the power of revision was also with the three-member bench. In point number 9, a detailed note has been written about the irregularities found in the procedure of formation of the larger bench. Even notices were not issued to the Attorney General of Pakistan. Point No. 10 mentions the role of the senior judges included in the larger bench, six judges were hastily assembled, after which the senior judges decided the matter after a few minutes of judicial proceedings. Held. If this matter had been dealt with under the rules, notices had been issued, and the Chargioner Judges would have realized that what their senior judges were doing was not in accordance with the Constitution and the law. At the end of point number 11, Justice Qazi Faiz Isa wrote that even after practicing law for 40 years as a lawyer and judge, he still considers himself a student of law, he further wrote that arrogance destroys institutions. In point number 12, referring to the larger bench's note dated April 4, in which the Chief Justice has been given the title of Master of Rules, Justice Qazi Faiz Isa wrote that the Constitution of Pakistan or any law, even the Supreme Court Rules, 1980, does not provide such a title for the Chief Justice. Not found. In point number 13, Justice Qazi Faiz Isa wrote that the order of the larger bench of April 4 is not justified by the constitution and the law because it is contrary to the constitution. received unanimous approval and this constitution binds the federation together. In point number 15, Justice Qazi Faiz Isa wrote that the judge takes an oath to uphold the constitution and protect and defend it, so if the hearing authority is adopted against the constitution, it will be declared as a violation of the oath of the judge. In point number 16 and 17, it has been stated in the light of the Qur'an and Hadith and the teachings and practical life of the Holy Prophet (peace and blessings of Allah be upon him) that the religion of Islam makes consultation mandatory. The Chief Justice is certainly respectable, but he is not a master, that is, he cannot treat other judges like slaves. And imposing his own will means that he does not care about the opinion of others. In the Qur'an, Allah's The Prophet (peace and blessings of Allah be upon him) has also been ordered to consult his companions and it is reported in the hadiths that there was no one who consulted his companions more than the Messenger of Allah (peace and blessings of Allah be upon him). In point number 18, the Kingdom of Bhutan and After that, there is a mention of the matters of running state affairs under the constitution of Bhutan, leaving the monarchy. Point No. 19 pointed out the dangers that if the legitimacy, dignity, and credibility of the Judiciary were compromised, the judiciary and the people of Pakistan would suffer irreparable damage. Pakistan was first ruined when a bureaucrat Governor General. unconstitutionally dissolved the Legislative Assembly and the unanimous decision of the Sindh Chief Court was annulled by the Federal Court. And the decision of the Federal Court enabled future dictators to dismiss civilian governments and the country with the largest Muslim population, therefore. Unfortunately, the constitutional deviation was justified by the courts. Justice Qazi Faiz Isa in the last point number 20 of his note is a text written in golden letters and worth teaching to law students that "decisions emanating from a courtroom shrouded in the fog of arrogant authoritarianism cannot abrogate the Constitution." ". The factionalism and agitation in the Supreme Court can only be gauged from the fact that this 20-point note written by Justice Qazi Faiz Isa was removed from the Supreme Court's website within a very short period of time.However, in the detailed note written by Justice Qazi Faiz Isa, the Quran and Hadith, the Constitution of Pakistan, prevailing country laws, historical references, and books have been mentioned in detail. As a law student, I have no hesitation in saying that this detailed note by Justice Qazi Faiz Isa should be read by every law student and every citizen of Pakistan.