The federal cabinet on Monday recalled the services of Supreme Court Registrar Ishrat Ali, a serving bureaucrat, after Justice Qazi Faez Isa called for disciplinary proceedings against him for apparently violating the Constitution.
In a letter addressed to Ali, and copied to the Cabinet Division, Justice Isa expressed his astonishment at the issuance of a circular on March 31 that sought to undo an order passed by him on March 29. “The registrar does not have the power or authority to under a judicial order, and the chief justice cannot issue administrative directions with regard thereto,” it said, adding that as a “senior officer,” Ali should be aware of what the Constitution stipulates with regards to Article 189.
“If you had read it [the order] you would have realized that it pertained to invoking powers under Article 184(3) of the Constitution (suo motu). However, in the subject case suo motu notice had not been taken by the bench before which it was listed for hearing on March 15, 2023,” it said, accusing the registrar of losing sight of this “obvious distinction” and not recognizing that the case cited in the circular was not applicable.
“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,” read the letter. “Your conduct demonstrates that you not have the requisite competence, ability and understanding to hold the office of Registrar. Moreover, a bureaucrat holding the office of the Registrar violates Article 175(3) of the Constitution, which mandates the complete separation of the judiciary from the executive,” it said, stressing that it was an “inviolable obligation” to obey the Constitution. “Therefore, you are advised to relinquish the office of the registrar immediately,” it added.
In an addendum to the Cabinet Division, Justice Isa urged it to “immediately” recall Ali to “prevent him from further damaging the reputation and integrity of the Supreme Court.” He also said the department could opt to initiate disciplinary proceedings against Ali in accordance with the Constitution as he had “apparently violated” the Constitution through his circular.
Subsequently, a meeting of the federal cabinet on Monday night agreed to withdraw the services of the registrar and also decided to urge President Arif Alvi to sign off on a newly-passed bill curtailing the CJP’s discretionary powers of suo motu.