Justice Isa advises SC Registrar Ishrat Ali to step down immediately

ISLAMABAD– The federal cabinet approved the withdrawal of the services of Registrar Supreme Court Ishrat Ali in its special sitting Monday.

Secretary Establishment division also issued a notification in this regard.

The special meeting was chaired by Prime Minister Shahbaz Sharif which lasted for about an hour. The secretaries and government officers did not participate in the meeting.

It is to be recalled that on Monday, in a development that raised eyebrows of the legal fraternity, Supreme Court’s Justice Qazi Faez Isa challenged the authority of the registrar of the apex court who, he said, had no right to annul a judicial order.

In a letter written to the registrar of the Supreme Court, Justice Isa said the chief justice of Pakistan also could not issue any administrative order against a judicial order, and that the registrar’s circular of March 31 was a violation of the judgement of the three-member bench of the Supreme Court.

Justice Isa, who is known for his independent and outspoken views, further wrote that the registrar should be aware of his constitutional responsibility as a senior officer, and that if he knew that the case in question was heard under suo motu No 4/2022 Article 184/3, he should not have issued the circular.

He also advised Registrar Ishrat Ali to leave the charge of the post.

The judge directed the registrar to immediately withdraw the circular and said his behaviour showed that the latter was not fit to hold the office. He emphasised that under Article 175/3, judiciary and administration were completely separate, and the constitution was enforced on the registrar just like any other citizen of the country.

After the briefing by Federal Minister of Law and Justice Nazir Tarar other members of the federal cabinet also gave their opinion on the expected decision of the Supreme Court.

The federal cabinet has also approved funds of Rs 71 billion under Rekodic dispute settlement. The funding of the Rekodic project will be done for the Balochistan government.
Also, Rs 65 billion will be organized under the short-term financial facility for Recodek, and Rs 6 billion 24 crores will be arranged for interest payment. Funds will be arranged for the period from March 31 to December 30, 2023.

Earlier,

Senior Puisne Judge of the Supreme Court (SC) Justice Qazi Faez Isa Monday advised Registrar of the apex court Ishrat Ali to relinquish the office as he does not have the requisite competence, ability and understanding to hold this position.

According to the 24News HD TV channel, Justice Isa wrote a letter to the SC Registrar and also advised him to withdraw the Circular issued by him on March 31 as he violated the constitution of Pakistan and the order of the court dated March 29, 2023.

Justice Isa also advised the Secretary Cabinet Division and Secretary Establishment Division through the Attorney General for Pakistan to recall your officer Ishrat Ali to prevent him from further damaging the reputation and integrity of the SC.

The SC justice also said to the secretaries to initiate disciplinary proceedings against Registrar Ishrat Ali in accordance with the applicable laws as he has apparently violated the court orders passed in Suo Motu Case No 4 of 2022.

In the letter, Justice Isa addressing the SC registrar said he does not have the power or authority to undo a judicial order, and the Chief Justice cannot issue administrative directions.

Justice Isa said, “In your best interest, and that of the Supreme Court, you should withdraw the Circular immediately, and inform all those who have been sent it.