ISLAMABAD: Apex Court’s Justice Qazi Faez Isa on Saturday articulated reservations over his exclusion from a bench hearing the disposal of infectious hospital wastes case in Khyber Pakhtunkhwa at Supreme Court’s (SC) Peshawar Registry.
During the hearing of a suo moto notice case, Justice Isa directed the advocate general of the province to read out Article 184(3) of the Constitution.
However, Justice Isa issued a note stating that CJP interfered before the Article 184 (3) was read out. He added that CJP Nisar left his place in the middle of the hearing and stated that the bench will be reconstituted.
Justice Isa further stated that no order was sent for the reconstitution of a bench, from which he was excluded later on. Hence, the Supreme Court (SC) judge termed the reconstitution of the bench as unreasonable and unprecedented.
SC judge said that such actions only damaged and obstructed the system of transparency which will bring forth severe ramifications.
Justice Isa maintained the view that, by writing a note on this outburst of CJP, was not only his responsibility as a judge but an issue to be highlighted. He further added that not writing on such matters would only leave a burden on one’s conscience.
Earlier on Saturday, during the hearing of “Supplementary Cause List 6-P of 2018”, CJP Nisar had taken a suo moto notice case pertaining to the issue of hospital waste disposal.
According to Justice Isa, CJP had obstructed the proceedings, following a question by Justice Qazi Faez Isa, inquiring whether the original jurisdiction of the SC under Article 184 (3) of the Constitution of Islamic Republic of Pakistan could be invoked. CJP had left the hearing and ordered a reconstitution of the bench.
Article 184(3) of the Constitution grants to the SC the power to make an order of the nature mentioned in Article 199 of the Constitution, stating “If the SC considers that a question of public importance with reference to enforcement of any Fundamental Rights conferred by Chapter 1 Part-II is involved.
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