Hours Before SC election verdict, Registrar of Apex Court made OSD
Federal government has issued a notification instructing officer Ishrat Ali of grade 22 to report to the establishment division, government appointed Ishrat Ali as Registrar Supreme Court in September 2022
In light of letter written by most senior judge of Supreme Court of Pakistan, Justice Qazi Faez Isa, federal government made Registrar Supreme Court Ishrat Ali the OSD. Prominent jurist Muhammad Ahmad Pinsota objected to initiative of federal government and said that it is authority of Chief Justice to take any action against registrar and no one else has any authority in this matter.
According to details, federal government has issued a notification to Registrar Supreme Court Ishrat Ali to form OSD and directed him to report to the Establishment Division.
Federal government has issued a notification instructing officer Ishrat Ali of grade 22 to report to the establishment division. Government appointed Ishrat Ali as Registrar Supreme Court in September 2022.
Text of Justice Qazi Faez Isa’s letter
It should be noted that yesterday, the senior-most judge of the Supreme Court, Justice Qazi Faez Isa, wrote a letter to the Registrar Supreme Court asking him to resign immediately. A copy of letter was also sent to federal government by Justice Qazi Faez Isa.
Justice Qazi Faez Isa, in a letter written to the Registrar Supreme Court, said that the Registrar’s Office has no authority to declare the judicial order null and void.
In the text of the letter, it was written that even the Chief Justice of Pakistan cannot issue any administrative order against the judicial order.
Justice Qazi Faez Isa has written in his letter that the Registrar’s circular of March 31 is a violation of the decision of the three-member bench of the Supreme Court, you should realize your constitutional responsibility as a senior officer.
Qazi Faez Isa has further written in his letter that it is in the interest of the Supreme Court and you that the circular of March 31 is withdrawn.
The text of the letter further states that registrar withdraws your circular as soon as possible, and your behavior shows that you are unfit to stay in the registrar’s office.
Referring to the article of Constitution, Justice Qazi Faez Isa wrote that under Article 175 (3) of Constitution, judiciary and the administration are completely separate. Like every citizen, you are subject to Constitution.
Renowned jurist Muhammad Ahmad Pansota has shed light on rules of law of Supreme Court to make Registrar Supreme Court OSD on behalf of federal government in light of Justice Qazi Faez Isa’s letter. He wrote on the social media website Tutor that whatever the registrar does, he does it on the orders of the Chief Justice. If we look at Rule 8 of 1982, there is a clear order that “Only the Chief Justice has the power to impose fine on the Registrar’s Court and where there is an inquiry against him, the Inquiry Officer shall submit his findings to the Chief Justice.”
Justice QFI’s direction to the Registrar SC must be viewed through lens of Rule 8 of the Supreme Court (Appointment of Officers and Servants and Terms and Conditions of Service) Rules, 1982, which reads as follows:
”The Chief Justice alone shall have power to impose a penalty on… https://t.co/Q2I60eP3RA
— Muhammad Ahmad Pansota (@Pansota1) April 3, 2023
Federal Government removal of Registrar Supreme Court is patently illegal. As per 2015 Rules of Service Supreme Court (Rule 12), it is power Chief Justice of Pakistan alone to revert back Registrar. Fed Govt simply cant do it, neither Qazi sb has power to request his reversion… pic.twitter.com/oXUuNDLs4i
— Abuzar Salman Niazi (@SalmanKNiazi1) April 3, 2023
