ISLAMABAD, Oct 22 (APP):Chief Justice of Pakistan Qazi Faez Isa on Tuesday issued his dissenting note on the reserved seats case.
In his 14-page note, the CJP said, “I agreed with the short order dated 12 July 2024 authored by Justice Jamal Khan Mandokhail and agree with his detailed reasons thereof which have been issued today.
However, I consider it my duty to point out the constitutional violations and illegalities in the majority’s short order of 12 July 2024, and the majority’s detailed judgment of 23 September 2024, the order/clarification of 14 September 2024 and the Clarification of 18 October 2024, respectively.”
The chief justice said, “I do hope and expect that my distinguished colleagues in the majority1 will reflect and correct their mistakes and ensure that Pakistan is governed in accordance with the Constitution of the Islamic Republic of Pakistan (‘the Constitution’). Unfortunately, the review petitions against the majority short order could not be heard because my Hon’ble colleagues (Justice Syed Mansoor Ali Shah and Justice Munib Akhtar) outvoted me on the Committee constituted under the Supreme Court (Practice and Procedure) Act, 2023; attached is my separate note to the minutes of the meeting held on 18 July 2024.”
He stated, “The majority set up its own virtual court, permitted the making of ‘an appropriate application’ by the ECP and PTI, and directed that such appropriate application would only be heard by them whilst cloistered in Chambers. In doing this the majority of the Hon’ble Judges effectively legislated, because neither the Constitution nor any law permits what they did.”
He said, “Incidentally no party or counsel during the hearing ever suggested the course of action which the majority adopted, and neither the majority’s short order nor the majority’s judgment offers an explanation to justify it. In effectively legislating the Hon’ble Judges in the majority also contradicted themselves. They stated that the ECP and the PTI may ‘apply to the Court’ but then proceeded to state that only the ‘judges constituting the majority’ would hear the ‘appropriate application’.”
The note said,” The majority disregarded the precedents of this Court, including the above. They not only carved out a separate eight-member ‘court’ from the thirteen-member Court, but also innovated further by not finally concluding the hearing of the appeals, because they permitted appropriate application to be filed, introduced timelines and changed what the Constitution provided.”
It said, “The majority’s short order was announced on 12 July 2024, following which the Hon’ble Judges had to issue their detailed reasons for the same. Instead something inexplicable happened. A purported ‘order’ was uploaded on the Supreme Court’s website on 14 September 2024, and this was done without informing the Chief Justice, the other Judges (in the minority), and bypassing the Registrar and the office of the Supreme Court. And, this was done on a Saturday, after the Registrar had left.
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