The six-judge bench upheld the registrar's March 31 circular to ignore Justice Isa's directive to halt cases under Article 184(3) of the Constitution on April 4. Following a circular issued by the SC registrar, the larger bench's order verified its contents. Justice Isa had asked the Cabinet Division to recall his services in light of the registrar's circular on March 31. In this manner, the administrations of the enlistment center were reviewed.
In addition to the six-judge bench, a three-member bench headed by the chief justice observed that Justice Isa's instructions had no effect on the hearing of a case about the polls delay under Article 184(3). The Supreme Court's order of March 29 — Justice Isa's order — could not have been set aside by the registrar's note, according to a nine-page judicial note that was initially uploaded but later removed from the court's official website. Justice Isa noted that the gathering in a court of six distinguished judges was not permitted under the Constitution or any law.
Justice Isa made the observation that "decisions emanating from a courtroom overcast with the shadow of autocracy cannot displace the Constitution," as well as pointing out procedural irregularities in the bench's formation. It stated that a roster was issued for the same day—a practice that is only followed in cases of extraordinary emergency, which did not exist in this instance.
The case roster was also issued the same day, and the matter was also listed that too after court time; Second-senior SC judge declares six-member bench verdict overruling his order "without constitutional validity." other than no earlier notification of the posting of the matter was given while no notification was given to the head legal officer of Pakistan according to Request XXVIIA of the Code of Common System.
According to the order of the six-member bench, the AGP was given notice by the court and the PMDC's attorney was also present without prior notice. According to the judge, this meant that the PMDC's attorney was sent for verbally or by phone, which is not typical.
"Constitutional deviations" Justice Isa said that the federal court's decision made it possible for future dictators to overthrow civilian governments. Justice Isa regretted that the CJP and Supreme Court justices frequently assisted dictators, resulting in the disintegration of the nation with the largest Muslim population as a result of constitutional deviations.
According to Justice Isa's note, the six-judge order names the CJP as the "Master of Rolls," a title that isn't in the Constitution, any law, or even the Supreme Court Rules of 1980. The SC judge added that Justice Munib Akhtar's previous note, which stated that it "clearly and categorically lays down the rule that suo motu jurisdiction of the Supreme Court can only and solely be invoked by the CJP," was the source of the April 4 order.
Justice Isa made the observation that the majority's order also appears to be against the established rule of law, which holds that the CJP was the roster's master.
Respectfully, Justice Munib Akhtar's previous note did not establish a legal precedent. Regardless, the said thinking is without a protected or legitimate establishment," he noticed, adding that the expressed law and order was not instituted as per regulation nor could it by its at any point own be classified as law and order, especially when it negates the Constitution, which doesn't concede the CJP such powers.
The April 4 thinking is generally imperfect as well, Equity Isa said, adding unexpectedly, in a matter in which the supposed bigger seat had wrongly expected ward, the April 4 note had no sacred or lawful legitimacy to hold that Walk 29 request (Equity Isa request) was without and past locale.
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