In the fog of arrogant authority, court decisions cannot annul the constitution, Justice Faiz's detailed note released.



Justice Qazi Faiz Issa's detailed note in the Hafiz Quran 20 extra number case has been released on the Supreme Court's website.

Justice Qazi Faiz Issa issued a detailed verdict in the Hafiz Quran 20 extra number case.


In the detailed verdict, Justice Qazi Faiz Issa wrote that he cannot revoke the order of March 29 in the notice number 4/2022 on April 4, trapped in the fog of arrogant authority. The decisions that come out of a court room cannot annul the constitution.

Justice Qazi Faiz Issa's verdict stated that the Registrar of the Supreme Court is an employee of the federal government, and Ashrat Ali was sent as the Registrar on deputation. On April 3, the federal government withdrew Ashrat Ali through notification. The federal government ordered Ashrat Ali to report to the Establishment Division immediately.


They wrote in their decision that Ashraf Ali refused to implement the federal government's orders, and on April 4, Ashraf Ali mistakenly identified himself as the registrar. According to a detailed note released on the Supreme Court's website, the constitution gives courts the power of hearing and also the discretion to make decisions on cases. If the power of hearing is not utilized, it would violate the oath to act in accordance with the constitution. The constitution bench or judges do not have the power to sit and make a decision against a Supreme Court ruling.

Justice Qazi Faez Isa wrote that forming an unnamed larger bench for the hearing of case number 4 was incorrect, and the larger bench did not have the status of a constitutional court. The April 4, 2023 Supreme Court order cannot be called a verdict and has no legal effect. It would be incorrect to call it an order from a legal perspective; it will be referred to as a note from April 4th. They stated that Ashraf Ali issued a list on April 4th of creating a larger bench with his signature and set a hearing for 2 o'clock. While issuing the list, it was said that this larger bench was formed on the orders of the Chief Justice of Pakistan.


"A Joint Bench has been formed. It was stated that on April 10, 1973, the Constitution was approved by the consensus of 196 out of 200 members of the National Assembly, and no vote was cast against the approval of the Constitution. This document is the one that has united the federation. The Constitution's authority and sustainability rely on democratic foundations.

Justice Qazi Faez Isa wrote in a detailed note that suppose the Supreme Court decides to hear a murder case itself, then if the Supreme Court punishes or acquits the accused, it will have no legal effect. Neither the Constitution nor the law has given the Supreme Court the authority to conduct a military trial. This case can be heard by a session judge who is two degrees below the Supreme Court judges. A family court judge can decide on matters related to family law. The Supreme Court does not have the authority to hear such cases.

Remember that yesterday, Justice Athar Minallah's detailed note was also released on the Supreme Court's website, in which he wrote that the election-related notices were rejected by four out of five provinces, Punjab and Khyber Pakhtunkhwa. The action of issuing these notices has made the court unnecessarily involved in political disputes."


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