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