Justice Isa urges CJP Bandiyal to remove the incumbent registrar before causing ‘further harm’

Justice Kazi Faiz Isa. – Supreme Court of Pakistan

ISLAMABAD: Justice Qazi Faiz Isa urged Pakistan Chief Justice Umar Ata Bandiyal to remove Registrar Jawad Paul before he causes “further irreparable damage to the institution”.

In a letter to CJP Bandiyal earlier this month, which was obtained geo newsTerming the proposal of providing vehicles to retired judges as “shameful”, Justice Isa said that the offer of benefits to retired judges is in violation of his oath, as what is proposed will directly benefit them after retirement.

Justice Isa mentioned that the last time the full court met was on December 12, 2019. “Many important matters affecting the administration of justice require immediate resolution,” he said, accusing Registrar Paul of ignoring these important matters, “instead choosing to focus his attention on misappropriation of public resources.” Concentrate.”

“He circulated a proposal to provide vehicles to retired judges for confirmation by the Full Court. I got this shameful resolution on June 1, 2022.” He said that same day he asked the registrar to ‘refer to the law, rule or law which empowers the full court to do what is proposed.’

‘The Registrar has shied away from his responsibilities’

Justice Isa further told CJP Bandiyal that he received a lengthy response (para 30 to 48) of the nineteen-paragraph, but crucially, his question (para 25 to 28) was not answered.

“The registrar replaces meaningful content with verbosity,” he said.

In his letter, he also mentioned that the primary responsibility of the Registrar is to ensure compliance with the Constitution of the Islamic Republic of Pakistan and the Supreme Court Rules, 1980, and to better facilitate the administration of justice.

He wrote, “If any idea or suggestion is placed with him then he should check whether it is in accordance with the law and if it is not then he should clearly state it rather than forward to the proposal of his subordinate.” And it appears that he wants the judge to violate an integral part of his oath; ‘That I will not allow my personal interests to influence my official conduct or my official decisions.’

“Our oath also requires judges to ‘follow a code of conduct issued by the Supreme Judicial Council.’ To be above all, and for this purpose to keep his conduct in all things, official and private, free from undue, is expected of a judge’ (Article-IIl),” he noted.

‘The registrar considers himself responsible’

He further said that a judge should strongly refuse to act in a matter of his own interest. Furthermore, the code of conduct also prohibits judges, “to employ the effect of their position, whether immediate or future, to obtain an unfair advantage which is classified as a grave mistake.”

Justice Isa admitted in the letter that the registrar, however, is correct to point out that at times the sittings of the full court have been decided to benefit the judges and that these “decisions” were acted upon by the government.

However, he told CJP Bandiyal that the registrar needed to be reminded that the post held by him, and those held by judges, should not be “misused for personal gain and gain”.

“It appears that the registrar considers himself unaccounted for,” he said, adding that the registrar also mistakenly assumes that he speaks for every judge of the Supreme Court, and has the patience to represent them.

‘Registrants undermined integrity of SC’

He also said that the Registrar filed WP No 4284/2021 titled ‘The Registrar, Supreme Court of Pakistan v Pakistan Information Commission’ in the Islamabad High Court to oppose the disclosure of the information sought in respect of the Supreme Court. Justice Isa shared relevant excerpts from his letter dated 6 December 2021, in which he wrote to the then Chief Justice Gulzar Ahmed, including:

  • The judges of the Supreme Court had to be taken into confidence in this case, but first I came to know from the media;
  • The opinion of all judges was required before initiating legal action;
  • Before a person elects to represent another, he or she is legally required to obtain written authorization.

Justice Isa warned, “I have already and repeatedly pointed out how Jawad Paul, who also serves as the Secretary of the Judicial Commission of Pakistan, manipulated the minutes of its meetings, and No need to repeat here.”

He wrote, “Jawad Paul has undermined the integrity and independence of the Supreme Court by fixing certain matters in court for urgent hearing, and even at times when they are not counted and/or are subject to objection,” he wrote, adding that the pattern that emerges suggests that cases in which the now-former prime minister and/or his political party were/are interested were fixed for urgent hearing, but delayed against them. were decided from or are yet to be decided.

“Honorable Chief Justice, I request you to remove the Registrar before causing further irreparable damage to the institute,” he said, adding that he is copying this letter to all concerned and the government as the Registrar is a bureaucrat. on deputation and his services are governed and governed by the rules and regulations in force by the Government.