The crisis in the Supreme Court (SC) deepened on Tuesday as Justice Qazi Faez Isa and Justice Yahya Afridi refused to hear cases on account of the sudden change in the composition of their benches, a private TV channel reported. Justice Afridi was heading the bench but Chief Justice of Pakistan Umar Ata Bandial changed the roster and included Justice Afridi in Justice Isa’s bench. According to Tuesday’s roster, Justice Sayyed Mazahar Ali Akbar Naqvi, who is junior to Justice Afridi, is now heading the bench along with Justice Hasan Azhar Rizvi, who was sitting with Justice Isa on Monday, the TV channel reported. Justice Isa and Justice Afridi said in their written order that if benches are changed arbitrarily and without reason, it would create doubts in the minds of litigants and the public.
The two SC judges demanded transparency from the registrar, questioning the procedure for appointing cases in the apex court. The two judges also took notice of the matter and summoned the SC registrar along with all records of cases. In his remarks, Justice Isa said: “I am a judge of the Supreme Court. I have also been the Chief Justice of Balochistan High Court for five years. We want transparency,” he stated and questioned how could there be transparency if the registrar transfers cases from one bench to another. It seems that a registrar is more powerful than a judge like me.” He added that he is not able to hear the cases that are still pending from 2010 because cases are fixed for hearing by the registrar. “Can I call and tell the registrar to put such and such case in such a bench?” Justice Isa questioned. In response, the registrar said “cases are set for hearing only with the approval of the Chief Justice of Pakistan”.Justice Yahya Afridi also questioned why the bench was changed when Justice Rizvi was part of it and asked again about the procedure for fixing cases.Justice Isa reiterated that there is no transparency in the registrar’s office and questioned why chronic cases are not being fixed for hearing. Justice Afridi also expressed serious concern over the registrar office’s policy regarding the fixation of cases.