ISLAMABAD: Supreme Court’s senior judge Justice Qazi Faez Isa has strongly opposed the diversion of public resources to confer “undue” benefits upon retired SC judges for being “embarrassing” and violative of the Supreme Judicial Council’s code of conduct and oath of judges.
In a letter addressed to Chief Justice of Pakistan Justice Umar Atta Bandiyal, Justice Qazi Faez Isa wrote, “The last time the full court met was on December 12 2019. A number of important matters affecting the administration of justice need urgent resolution; however Mr. Jawad Paul, the registrar, continues to overlook the important matters, choosing instead to focus his attention on diverting public resources. He circulated for affirmation by the full court a proposal to provide vehicles to retired judges. I received this embarrassing proposal on June 1, 2022. The same day, I asked the registrar to ‘refer to the law, rule or regulation empowering the full court to do what is proposed’. I received a long-winded 19-paragraph response from the registrar, but, significantly, my query remained unanswered.”
Justice Isa stated that the registrar has shirked his responsibilities and it appears that he would like judges to violate an integral component of their oath — ‘I will not allow my personal interest to influence my official conduct or my official decisions.’
He maintained, “Proposing benefits for retired judges constitutes a violation of our oath, because what is proposed would directly benefit us when we retire.”
He explained, “Our oath also requires judges to abide by the code of conduct issued by the Supreme Judicial Council. The proposal amounts to gaining an advantage by use of one’s office. The Code of Conduct requires judges, ‘To be above reproach, and for this purpose to keep his conduct in all things official and private, free from impropriety is expected of a judge’. And, that, ‘A judge must decline resolutely to act in a case involving his own interest…’ The code of conduct also prohibits judges, ‘to employ the influence of his position to gain undue advantage, whether immediate or future’ which is categorized as ‘a grave fault’.”
Justice Isa stated, “I have already and repeatedly, written that a bureaucrat who is an integral part of the Executive, cannot hold the position of the registrar of the Supreme Court, because it violates Article 175(3) of the Constitution.
This is exacerbated when the bureaucrat is incompetent with a demonstrable alternative agenda, who with each passing day undermines the credibility, repute, independence and authority of the Supreme Court.”
“Honourable Chief Justice, I request you to remove the registrar before he causes the institution further and irreparable harm,” the letter concludes.