ISLAMABAD: Supreme Court of Pakistan in its detailed judgement regarding the plea against appointment of Justice Qazi Faez Isa has held that matter has become ‘past and closed transaction’.
The top court also noted that none of the fundamental right of the petitioner has been violated in this regard.
“It is cardinal principle of law that one cannot have a court of his own choice, therefore we are of the view that none of the fundamental rights of the petitioners have been violated in the instant matter. Thus the petition is not maintainable,” said the eight page order authored by Chief Justice of Pakistan Saqib Nisar, whose conduct was being severely questioned by Justice Isa for initiating public interest litigation.
The three-judge Supreme Court bench headed by CJP on April 5 rejected the petition filed against the September 2014 appointment of Justice Qazi Faez Isa as an SC judge as well as his earlier appointment as the Balochistan High Court (BHC) Chief Justice in August 2009.
Two years ago, a petitioner Riaz Hanif Rahi had filed a constitutional petition challenging the appointment of Justice Isa contending that Balochistan chief minister’s advice was not sought by then-acting governor Aslam Bhootani for Justice Isa’s appointment as the BHC top judge.