ISLAMABAD: Days after the Supreme Court temporarily restrained implementation on a decision of a bench in a case pertaining to the purported harassment of journalists, Justice Qazi Faez Isa questioned the wisdom behind the decision, terming it a transgression of the Constitution.
Last Friday, a two-judge bench — consisting of Justice Isa and Justice Jamal Khan Mandokhel — took notice of an application moved by the Press Association of the Supreme Court, highlighting the purported incidents of harassment of journalists.
In an order issued the same day, the judges said since the application had raised matters of public importance with reference to the enforcement of fundamental rights, it met the criteria for invoking the suo motu jurisdiction under Article 184(3) of the Constitution.
However, the following the court of Justice Umar Ata Bandial, who is acting as chief justice since Justice Gulzar Ahmed is on leave, proceeded to constitute a five-judge larger bench in a bid to provide clarity on the issue of invoking the jurisdiction of suo motu notice by a bench.
The new bench on Monday put the Friday order in abeyance, observing that its implementation may obscure and unsettle the practice of invoking suo motu jurisdiction.
In his letter addressed to Justice Bandial on August 24, Justice Isa responded to the development by saying the Constitution detailed the different jurisdictions of the top court and they could also be conferred by law.
“No jurisdiction is conferred which permits one bench to monitor the working of another bench, let alone to hold its orders in abeyance,” he said.
The judge added the Constitution did not permit “monitoring jurisdiction” and, therefore, the new bench did not have the jurisdiction to hear the case.
“If they continue hearing it they will transgress the Constitution. Consequently, any purported order passed by the purported larger bench would be a constitutional nullity, void and of no legal effect,” said the disgruntled judge.
He also lamented the two-member bench — comprising him and Justice Mandokhel — was not informed about the formation of the larger bench either.
Pakistani judges are sold out shameless creatures who have no honor left in them. Look at the delay in Noor Mukaddam Case. They are clearly & deliberately delaying the case for money.
These judges don’t fear God. Maybe they believe that God is just an illusion and there is only one God for them called “Money”.
Alas! they have forgotten that one day they will die and answer the real Almighty God and they do all judgements under the influence of their EGO and not the constitution.