Justice Qazi Faez Isa Asks If SC Rules Allow Formation Of Special Benches

Justice Qazi Faez Isa Asks If SC Rules Allow Formation Of Special Benches
SC judge Justice Qazi Faez Isa on Wednesday questioned formation of special benches by Chief Justice of Pakistan, The Express Tribune reported.

"Where is the concept of special bench," he asked, adding special benches would create "misgivings" and open the top court to "criticism".

The apex court judge said the SC "is a completely unaccountable institution" and said, "we must proceed with utmost caution".

"What is the due process", he asked, "if one case is fixed for hearing for the very next day after being filed while another is listed after a delay of several months?"

At this, the Attorney General of Pakistan sought time from the court to file his response on the matter.


On the occasion, Justice Isa expressed reservations about the ban on criticising state institutions, as he referred to the recent PEMRA ban.

"Why should my conduct not be discussed if I do something wrong? Does Pemra want to create a police state?" Justice Qazi Faez Isa asked.

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Last month, Justice Isa, took notice of the procedure of fixing the cases for hearing before any bench and summoned the SC registrar with all records.

How can transparency be ensured when a registrar transfers a case from one bench to another, he asked? “Can I telephone the registrar and seek fixation of a case on a particular bench,” he questioned.

“Why have the cases of the year 2021 been fixed for hearing before my bench?” “Why are the new cases fixed for hearing instead of the old ones?” “Why has my two-member bench been changed?” he asked.

To which, the registrar reportedly replied, “All cases are fixed before benches by Chief Justice of Pakistan.”

“Why are the cases not fixed for hearing according to the “first come, first served” principle?” “What answer shall I give to the people?” he stated.