The federal cabinet has removed the Supreme Court registrar after taking into consideration the request of senior pusine judge Justice Qazi Faez Isa.

The Prime Minister Shehbaz Sharif-led huddle, during a meeting on Monday, has given the approval to recall the apex court registrar Ishrat Ali and asked him to report to the Establishment Division

Later, the government issued a notification in this regard and appointed him as an officer on special duty (OSD).

The cabinet also asked President Arif Alvi to “immediately” sign the Supreme Court Practice and Procedure Act 2023 so that the country “could be taken out of the constitutional and political crisis”.

Earlier on Monday, Justice Isa wrote a letter to the Supreme Court’s Registrar Ishrat Ali.

“The circular purports to negate, undo, disobey and violate order dated March 29 of a three-member SC bench of the SC […]. The registrar does not have the power or authority to undo a judicial order, and the chief justice cannot issue administrative directions with regard thereto,” it said.

Justice Isa said he was “astonished” to receive the circular in question.

“Needless to say, as a senior officer you are expected to know what the Constitution of the Islamic Republic of Pakistan stipulates, act in accordance therewith and abide by the decisions of the SC,” it said.

“The circular refers to a decision of the SC (suo motu case No. 4/2021, PLD 2022 SC 306; if you had read it you would have realised that it pertained to invoking powers under Article 184(3) of the Constitution (suo motu),” it added.

“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. You lost sight of this obvious distinction and did not appreciate that the case cited in the circular was not applicable,” Justice Isa said in the letter.

“In your best interest, and that of the SC, you should withdraw the circular immediately, and inform all those who have been sent it,” the judge said.

“Your conduct demonstrates that you do not have the requisite competence, ability and understanding to hold the office of the 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.

Like every citizen, it is also your inviolable obligation to obey the Constitution (Article 5(2) of the Constitution). Therefore, you are advised to relinquish the office of registrar immediately,“ Justice Isa said.

The letter also addressed the secretaries of the Establishment Division and the Cabinet Division as well as the government through the attorney general for Pakistan.

“Kindly, immediately recall your officer, Mr Ishrat Ali, to prevent him from further damaging the reputation and integrity of the Supreme Court. And if you consider appropriate to initiate disciplinary proceedings against him in accordance with the applicable laws as he has apparently violated” the Constitution and the March 29 order, he said.

Registrar’s circular

The CJP, in his circular issued on Friday, said that the observations made by Justice Isa and Justice Aminuddin Khan, who recused himself from the case, in paras 11 to 22 and 26 to 28 of their judgement were “beyond the matter fixed before the court and invokes its suo motu jurisdiction”.

The circular added that the “unilateral assumption of judicial power” in such a manner violated the rule laid down by a five-member judgment.

“Such power is to be invoked by the Chief Justice on the recommendation of an Honourable Judge or a learned Bench of the Court on the basis of criteria laid down in Article 184(3) of the Constitution. The said majority judgment therefore disregards binding law laid down by a larger bench of the Court,” it said.

“Any observations made in the said judgment, inter alia, for the fixation or otherwise of cases is to be disregarded. Accordingly, a circular be issued by the Registrar stating the foregoing legal position for the information of all concerned,” it added.

The government had tried to use this judgement of Justice Isa in its favour and requested the top to adjourn the hearing till the rules of 184/3 are finalised. But the CJP clarified that no decision had been withdrawn on the basis of the circular.