SC dismisses plea against appointment of Justice Qazi Faez

ISLAMABAD: The Supreme Court Thursday dismissed a petition challenging the appointment of Justice Qazi Faez Isa as chief justice of Balochistan High Court, and later his elevation to the apex court.

A three-member bench headed by Chief Justice Mian Saqib Nisar dismissed the petition filed by Riaz Hanif Rahi for being irrelevant with the ruling that Justice Qazi Faez Isa is now a judge of the Supreme Court.

Two years ago, Riaz Hanif Rahi had filed a constitutional petition challenging the appointment of the same judge as well as his appointment as chief justice of the Balochistan High Court in August 2009. The petitioner made the federal government, the judge, ex-Balochistan chief minister Aslam Raisani, ex-Balochistan speaker Aslam Bhootani, and ex-Balochistan governor Nawab Zulfiqar Magsi respondents.

The petitioner had contended that the appointment of the SC judge as Balochistan High Court chief justice and later his elevation to the apex court was illegal on many grounds. The first one claimed is that he was directly appointed BHC CJ on August 5, 2009 when the high court had no judges on its roaster due to the July 31, 2009 SC ruling on PCO judges.

“The notification was issued in haste when the acting governor was on his last day and without seeking any advice from the CM, says the petition. On the basis of experience as a judge of the high court, subsequently a notification dated September 1, 2014 was issued for his appointment as SC judge.

It was also contended that then CM’s advice was not sought by acting governor Aslam Bhootani and that he was incompetent to forward the name of the judge as CJ BHC.

On Thursday during the course of hearing, the court observed that Justice Qazi Faez Isa’s experience as a Balochistan High Court judge was not relevant to the case as he had already been appointed as a judge in the Supreme Court.

The chief justice also turned down the claims of the petitioner that the appointment of Justice Isa would have any bearing on the seniority of other judges who have more judicial experience. The court asked the petitioner to present evidence in court that the chief minister of Balochistan was not consulted regarding the appointment. “How did you come to know that his appointment was made without the consultation of chief minister,” the CJ asked Rai, asking him to give proof in this connection.

Rai however, replied that it is clear from the language of the notification, adding that he should be given some time to submit the documents.

Barrister Ali Zafar, counsel for Lahore High Court Bar Association and Supreme Court Bar Association endorsed the law points raised by the petitioner and submitted that the Supreme Court Bar Association is of considered view that the procedure for appointment of judges is very much important for the independence of judiciary. He contended that the Supreme Court in its various decisions stressed on transparency in the appointment of judges. In this case, he contended first a judge should have been appointed. Justice Ijazul Ahsan, a member of the bench asked the counsel as to whether the appointment of a judge could be made without the chief justice.

Ali Zafar replied that at that time a caretaker chief justice could have been appointed. Chief Justice Mian Saqib Nisar however, observed that all the relevant laws were taken into consideration and appointment was made after completion of consultation process. Later, the court dismissed the petition with the ruling that detailed reasons would be recorded later on.