Chief Justice of Pakistan (CJP) Qazi Faez Isa issued another dissenting note in the reserved seats case, maintaining that eight judges ‘deviated’ from how courts have always functioned and formed their ‘separate virtual’ court.
In his 14-page dissenting note the CJP said that it is his duty to point out the constitutional ‘violations and illegalities’ in the majority’s short order, detailed judgment, and clarifications.
“I do hope and expect that my distinguished colleagues in the majority will reflect and correct their mistakes and ensure that Pakistan is governed in accordance with the Constitution of the Islamic Republic of Pakistan (‘the Constitution’). Unfortunately, the review petitions against the majority short order could not be heard because my Hon’ble colleagues (Justice Syed Mansoor Ali Shah and Justice Munib Akhtar) outvoted me on the Committee constituted under the Supreme Court (Practice and Procedure) Act, 2023,” the dissenting note read.
“The majority of eight judges decided to part ways with the Court, comprising of thirteen judges, which had heard the appeals. The majority set up its own virtual court, permitted the making of an appropriate application by the ECP and PTI, and directed that such appropriate application would only be heard by them whilst cloistered in chambers. In doing this the majority of the Hon’ble Judges effectively legislated, because neither the Constitution nor any law permits what they did,” CJP Qazi Faez Isa read in his dissenting note.
