Justice Faez expresses dismay over reconstitution of bench

Justice Qazi Faez Isa has stated that the Supreme Court before exercising its original jurisdiction must satisfy itself that the jurisdiction it is assuming is in consonance with the Constitution. Justice Qazi Faez Isa, who was part of a three-member bench that heard cases in Supreme Court Registry, Peshawar, said this while expressing his dismay over reconstitution of the bench that has led to his exclusion from it.
Earlier on May 08, 2018, a three-member Special Bench, headed by Chief Justice Mian Saqib Nisar and comprising Justice Qazi Faez Isa and Justice Mansoor Ali Shah, heard the case related to disposal of infectious hospital wastes in KPK at the Supreme Court Registry, Peshawar.
During the course of proceedings, Justice Faez inquired whether the Director of Human Rights Cell is present in the court who on 12-04-2018 wrote a note stating that "It is submitted that your honour has desired to call report with respect to disposal of infectious hospital wastes in province of KPK. In view of the above, if approved, notices be issued to Advocate General, Chief Secretary, Secretary Health and Secretary Local Government, and Secretary Environment Protection Agency (EPA) KPK to appear in person on 19.04.2018 (Thursday) at Branch Registry Peshawar with the requisite report."
In those proceedings, Justice Faez had further questioned whether the original jurisdiction of the Supreme Court under Article 184(3) of the Constitution could be invoked. Advocate General Khyber Pakhtunkhwa, who was standing at the rostrum, was asked to read Article 184(3). "However, before Article 184(3) could be read, the Chief Justice intervened and said that he will be reconstituting the Bench and suddenly rose up. The Bench was then presumably reconstituted, I say presumably, because no order was sent to me to this effect. However, a two-member Bench did assemble later, from which I was excluded," says Justice Faez's order.
"This for me is a matter of grave concern. In my humble opinion it is unwarranted and unprecedented to reconstitute a Bench, in such a manner, whilst hearing a case. To do so undermines the integrity of the system, and may have serious repercussions." Justice Faez writes that before exercising its original jurisdiction, the Supreme Court must satisfy itself that the jurisdiction it is assuming accords with the Constitution.
"I am constrained to write this as not doing so would weigh heavily on my conscience and I would be abdicating my responsibility as a judge [Supreme Court]," conclude Justice Faez's order.