CJP ‘disappointed’ by Justice Ijazul Ahsan’s letter

ISLAMABAD: Pakistan Chief Justice Qazi Faez Isa has said that his door is always open to all his colleagues and he is available on intercom and cell phone.

The Chief Justice on November 18, replied to a letter of Justice Ijazul Ahsen, senior judge of the Supreme Court of 17 November 2023, concerning the working of the committee constituted under the Supreme Court (Practice and Procedure) Act, 2023 (respectively the Committee’ and ‘the Act’).

“I am disappointed to have received your letter of 17 November 2023 concerning the working of the committee constituted under the Supreme Court (Practice and Procedure) Act, 2023 (respectively the Committee’ and ‘the Act’)”, the CJP wrote to Justice Ahsen

“You allege that you have not been consulted with regard to the constitution of benches”, the CJP wrote adding that his door is always open to all his colleagues. The Chief Justice further said that he was also available on intercom and cell phone, but surprisingly he neither came to talk to him nor reached out to him by intercom or cell phone to express his concerns.

“Immediately, on receipt of your letter I called you on the intercom, but it was not answered”, the Chief Justice told Justice Ahsen. “Thereafter I asked my staff to contact your office and learnt that you had left for Lahore, early Friday afternoon and before the end of the working day”, the CJ said, adding, “We are paid to work six days, not four and a half days.”

The Chief Justice said that the primary, and first, responsibility of a judge is to attend to judicial work. “Therefore, I had initially scheduled the Committee to meet after all orders passed during the course of the day had been written, checked and signed, and this would be by Friday afternoon”, the CJP wrote

“But, conceding to your request, the Committee meetings were rescheduled to Thursdays, which I now consider may have been a mistake. If I did not want to consult either you or Justice Sardar Tariq Masood would I have supported, believed and imposed the process of consultation on myself when a Bench, of which you were a member, had suspended the operation of the Act?” the Chief Justice wrote

“Let me remind you of the first order I signed, after assuming the responsibility of the office of the Chief Justice of Pakistan, on 18 September 2023.” The Chief Justice stated that in view of the challenge thrown to the Supreme Court (Practice & Procedure) Act, 2023 and as the matter is pending adjudication he will be consulting with his two senior colleagues, namely, Justice Sardar Tariq Masood and Justice Ijaz ul Ahsan with regard to the constitution of Benches and fixation of cases to which both of them have agreed.”

“And, if I did not want to abide by what we decided in the Committee meetings would I have its working/decisions minuted and then have them uploaded on the Supreme Court website? -

“Before I attend to your uncalled for allegations, let me remind you that the first meeting of the Committee was delayed due to your non-availability, another could not take place because you were attending a conference in Hong Kong then the next Thursday (9 November 2023) was declared a public holiday and the Committee could not meet on the last Thursday (16 November 2023) because of the ill health of our colleague, and you had consented to the meeting being adjourned to the coming week”, the Chief Justice wrote.

”On my part I have throughout been available, have never adjourned a meeting because it was inconvenient for me, and have always accommodated my colleagues”, the Chief Justice maintained.

The Chief Justice further apprised Justice Ahsen that the two regular benches for criminal and civil cases, which were the only Benches to continue working till winter vacations, were minuted (26 October 2023, at serial No. 3) and reproduced for his case of reference:

Regular Criminal and Civil Benches:

“Two regular Benches, comprising three Judges each, shall hear pending civil and criminal cases in chronological order (that is, those filed first shall be fixed first): These Regular Benches comprise of the following:

Regular Criminal Bench to hear criminal appeals and jail petitions:

Justice Sardar Tariq Masood, Justice Yahya Afridi and

Justice Ayesha A. Malik

Regular Civil Bench to hear civil appeals;

Justice Munib Akhtar, Justice Shahid Waheed and Justice Musarrat Hilali.

The above Benches shall continue till winter vacations 2023.

As regards the issuance of a fresh court roster, the same was necessitated because some Judges were not available; you and Justice Yahya Afridi were in Hong Kong attending a conference, Justice Sardar Tariq Masood had taken leave on account of his daughter’s wedding and then had fallen ill, and Justice Sayyed Mazahar Ali Akbar Naqvi has never been available for work on Fridays’ but informs the Registrar of his unavailability at the eleventh hour”, the Chief Justice informed Justice Ahsen

“I may also remind you that Justice Naqvi was a member of a Bench with you but, after the Bench was constituted, you informed me that since his matter is before the Supreme Judicial Council you would not want to sit with him.”

The Chief Justice said that the constitution of Benches also demonstrates that every Judge is treated equally and with respect, and special benches are not made for particular cases and to include or exclude Judges.

“Your accusations are contrary to the record and the facts. Nonetheless, if you have any suggestions for the reconstitution of Benches kindly propose the same and I shall convene a meeting of the Committee by requesting Justice Sardar Tariq Masood to join me at the Supreme Court and you should make it convenient to attend the Supreme Court Registry at Lahore to participate through video-link”, the Chief Justice concluded.