ISLAMABAD: The Supreme Court on Thursday dismissed a petition against the appointment of Justice Qazi Faez Isa as the Balochistan High Court (BHC) chief justice and later his elevation to the apex court.
Petitioner Riaz Hanif Rahi advocate contended before a three-member Supreme Court bench comprising Chief Justice Mian Saqib Nisar, Justice Umer Ata Bandial and Justice Ijazul Ahsan that the appointment of Justice Qazi Faez Isa as BHC chief justice was against the provisions of articles 105 and 196 of the constitution. He argued that no provision exists in the constitution for direct appointment of chief justice of a province and the guidance provided in articles 196 and 200 of the constitution was not followed in Justice Isa’s case.
He pleaded that August 5, 2009, notification of Justice Isa’s appointment as BHC chief justice should be struck down in the interest of justice and fair play. He said the notification of his appointment as apex court judge should also be struck down because he was elevated to the top court being chief justice of the BHC. He stated that according to Article 193 of the constitution, it is the constitutional duty of the governor to take advice from the chief minister before appointing a high court judge. He said at the time of Justice Isa’s appointment, an acting governor was holding the office.
To a court query that what was wrong in the notification of August 5, 2009, the petitioner stated during the appointment of Justice Isa as the chief justice, the whole BHC was empty of judges. “When the whole high court was dismissed by the military government, the situation would not fall under Article 196,” the chief justice noted.
He asked the petitioner that how he could say that Justice Isa was not appointed by the acting governor on the advice of the chief minister. He also asked the petitioner to present any proof in support of his contention. The petitioner then referred to his own affidavit on the matter, which the court rejected.
The judges noted that all the things became irrelevant once the judge was elevated to the Supreme Court, adding that before filing of the petition in 2016, Justice Isa was elevated to the apex court.
During the hearing, the court also accepted a request of Pakistan Bar Council and Supreme Court Bar Association to become a party in the case. However, later the court dismissed the petition holding that the petitioner had failed to provide any proofs of lack of consultation between the acting governor and the chief minister.
The court also rejected the petitioner’s request to give him more time for preparation as the court is hearing multiple petitions filed by him. Detailed verdict would be issued later.
Published in Daily Times, April 6th 2018.
