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A six-member constitutional bench of the Supreme Court, led by Justice Aminuddin Khan, dismissed a review petition challenging the appointment of Qazi Faez Isa as the chief justice of the Balochistan High Court
The case, filed by Advocate Riaz Hanif Rahi, contended that Isa was appointed as chief justice directly without first serving as a judge, which he argued violated established procedure. He also claimed that the then chief minister of Balochistan had not forwarded an official summary of Isa’s appointment.
"No one can be directly appointed as chief justice,” the petitioner argued.
Justice Jamal Khan Mandokhel stated that a review application does not permit reopening of the original case and asserted that the constitutional bench was not an appellate body for previous court decisions.
"This case seems less legal and more political," remarked Justice Musarrat Hilali, advising against targeting individuals personally in legal petitions, asking the petitioner to leave Justice Isa alone. She added, “There’s no point in dissing someone behind their back.”
Justice Mandokhel also questioned why the petitioner's case should not be sent to the bar council for filing a frivolous case. "This is a review petition, the case cannot be reopened," he stated. Advocate Rahi argued that the Supreme Court had also reopened the Bhutto judicial murder case after 40 years.
“Why don't you answer the court’s questions?” inquired Justice Aminuddin. Rahi told the court he was merely stating facts, adding that he did not have the record of the case, but it could be sought from Balochistan.
Justice Aminuddin asked for referring to the law that mandates consultation with the chief minister. The court dismissed Rahi’s petition and declined to issue further orders for procedural inquiries.
The Supreme Court’s six-member constitutional bench, headed by Justice Aminuddin Khan, heard 18 cases in just an hour and a half in its first sitting on Thursday, disposed of 16 of them, issued a re-hearing notice in another and sought a report in one case.
It also issued fines of Rs20,000 each on three frivolous applicants.
Source: Samaa News
The case, filed by Advocate Riaz Hanif Rahi, contended that Isa was appointed as chief justice directly without first serving as a judge, which he argued violated established procedure. He also claimed that the then chief minister of Balochistan had not forwarded an official summary of Isa’s appointment.
"No one can be directly appointed as chief justice,” the petitioner argued.
Justice Jamal Khan Mandokhel stated that a review application does not permit reopening of the original case and asserted that the constitutional bench was not an appellate body for previous court decisions.
"This case seems less legal and more political," remarked Justice Musarrat Hilali, advising against targeting individuals personally in legal petitions, asking the petitioner to leave Justice Isa alone. She added, “There’s no point in dissing someone behind their back.”
Justice Mandokhel also questioned why the petitioner's case should not be sent to the bar council for filing a frivolous case. "This is a review petition, the case cannot be reopened," he stated. Advocate Rahi argued that the Supreme Court had also reopened the Bhutto judicial murder case after 40 years.
“Why don't you answer the court’s questions?” inquired Justice Aminuddin. Rahi told the court he was merely stating facts, adding that he did not have the record of the case, but it could be sought from Balochistan.
Justice Aminuddin asked for referring to the law that mandates consultation with the chief minister. The court dismissed Rahi’s petition and declined to issue further orders for procedural inquiries.
The Supreme Court’s six-member constitutional bench, headed by Justice Aminuddin Khan, heard 18 cases in just an hour and a half in its first sitting on Thursday, disposed of 16 of them, issued a re-hearing notice in another and sought a report in one case.
It also issued fines of Rs20,000 each on three frivolous applicants.
Source: Samaa News
