ISLAMABAD: Justice Qazi Faiz Issa has raised objections over the formation of a five-member bench for invoking suo motu jurisdiction.
Justice Qazi Faiz Issa in a letter to Chief Justice of Pakistan Justice Gulzar Ahmed, said that the constitution does not permit one bench to monitor the working of other bench.
He said that if the five-member larger bench continues the hearing, it will be unconstitutional.
He added that the Constitution did not permit "monitoring jurisdiction" and therefore, the five-member bench did not have the jurisdiction to hear the case.
He also said that the two-member bench was not informed about the formation of the larger bench.
Justice Faiz Issa said that if one bench started monitoring the other bench, the justice system would collapse. The Chief Justice could not decide which case would be decided in which bench.
The letter also said, that it was unconstitutional to appoint a government employee as Registrar of the Supreme Court.
The letter said that the Registrar of the Supreme Court was taken as a loan from the government, the purpose of bringing the registrar was to fix the cases of government interest immediately, the purpose of bringing the registrar from the government was to keep the undesirable cases of the government.
Justice Faiz Issa further said that the August 24 order said that we want to hear the real stakeholders. Every citizen of Pakistan is a stakeholder for freedom of press, he added and requested that a copy of his letter should be uploaded on the website of the Supreme Court.