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Another civil servant appointed as SC registrar. The Express Tribune



The Establishment Department on Wednesday issued a notification for the appointment of Ishrat Ali because the Registrar of the Supreme Court – handing over the workplace to a different civil servant, amid criticism from a bit of the senior bar and a senior apex courtroom choose.

As per the notification, Ali, a Grade-22 officer of the Pakistan Administrative Service (PAS), who’s presently posted as OSD, Establishment Division, has been transferred and his providers to the apex courtroom for his appointment as Registrar. positioned at its disposal. On deputation foundation with fast impact until additional orders.

The growth comes in opposition to the backdrop of a refrain of senior attorneys expressing their issues that the delicate submit ensures the providers of a excessive courtroom or decrease courtroom choose.

Interestingly, civil servant Jawad Paul was appointed because the registrar in July final yr for a interval of three years. However, he was on depart since July this yr.

During a gathering of the Judicial Commission of Pakistan (JCP) on 28 July, Chief Justice of Pakistan (CJP) Umar Atta Bandiyal advised the members that the SC registrar, who can be the secretary of the JCP, went on depart attributable to criticism. Paul had stated that he can’t work on this situation as he’s a Grade-22 officer.

Paul was dealing with criticism from Justice Kazi Faiz Isa for a number of causes. In June, Justice Isa had urged CJP Bandiyal to take away the SC registrar, who was a civil servant and was engaged on deputation, because it violated the Constitution of Pakistan.

Read extra: Promotion of judges to the Supreme Court of Pakistan: the issue of seniority

In a five-page letter addressed to CJ Bandiyal, Justice Isa sought the removing of the registrar “before causing irreparable damage to the institution” and stated he had repeatedly insisted {that a} bureaucrat who’s an integral a part of the chief – Prime Minister’s Secretariat – couldn’t hold the slot attributable to violation of Article 175(3) of the Constitution.

“This is compounded when the bureaucrat becomes incapacitated with a seemingly alternate agenda, which weakens the credibility, deputation, independence and authority of the Supreme Court with every passing day,” the senior choose wrote.

Justice Isa additionally questioned the submitting of a writ petition by the SC registrar in opposition to the order of the Pakistan Information Commission (PIC) to share the main points of the staff of the apex courtroom.

He additional recalled that he had additionally written to former CJP Gulzar Ahmed to withdraw the writ petition from the Islamabad High Court (IHC) because it was filed with out consulting all of the judges.

Justice Isa questioned the complete courtroom assembly to boost the allowances and privileges of retired judges through the tenure of former CJP Mian Saqib Nisar. He additionally questioned the proposal to supply automobiles to retired judges.

“The last full Court meeting was on December 12, 2009. Several important matters affecting the administration of justice require immediate resolution,” he highlighted.

However, Justice Isa stated, Paul continued to disregard these vital issues, selecting as a substitute to focus his consideration on “diverting public resources.” He circulated a proposal to supply automobiles to retired judges for affirmation by the Full Court.

The letter additional stated, “I received this shameful motion on June 1, 2022. On the same day I asked the Registrar to refer to the law, rule or statute that empowers the Full Court to do the proposed work.”

After this letter he went on depart. After two months a brand new registrar has been appointed. However, it isn’t clear whether or not Justice Isa has been consulted on the appointment of a brand new registrar.

The submit of registrar could be very delicate as he’s a discussion board of the Supreme Judicial Council (SJC) because the secretary of the JCP in addition to a discussion board for the removing of judges attributable to their misconduct. The Registrar has the report of the JCP in addition to the SJC.

Senior attorneys are of the view that it isn’t straightforward to work as a registrar within the present state of affairs the place senior judges usually are not on the identical web page.

The apex courtroom has been receiving the providers of a civil servant on deputation for the submit because the retirement of Dr. Fakir Hussain, who has additionally received one-time job extension.

Dr Hussain was appointed by former CJP Iftikhar Muhammad Chaudhry. He was adopted by Tahir Shahbaz, who was changed by Arbab Arif. The prime administrative submit within the prime courtroom is now occupied by Khwaja Dawood.

Senior attorneys are of the view that the providers of a High Court or a decrease courtroom choose are vital for the delicate submit. He stated that hiring civil servants after each three years is not going to ship a great message to the general public as hundreds of workers have been despatched again to their native departments as a result of intervention of the apex courtroom.

He stated that if the everlasting workers usually are not certified to carry out in key positions, then consultants from completely different fields ought to be employed for his or her capability constructing. The Superior Bar has already rejected the development of appointing civil servants on deputation to the apex courtroom.


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