Qazi Faez Isa of the Supreme Court has written another letter to Chief Justice of Pakistan Justice Umar Ata Bandial regarding the appointment of five judges in the Supreme Court.

Justice Isa has urged the CJP to call a meeting of the Judicial Commission of Pakistan to nominate judges to the top court.

In the letter dated September 28, he said that 726 days have passed since five judges retired, adding that there are currently about 50,000 pending cases in the Supreme Court.

The letter says the Supreme Court consists of a chief justice and 16 judges, adding that no appointment had been made on vacant seats after the passage of 726 days of the five judges’ retirement.

The letter observes that it is pity to note five judges have not been appointed so far, hindering in deciding the pending cases.

The letter says that the Pakistani nation bears heavy expenses of the SC and its 700 employees.

A pile of cases is getting higher with each passing day due to the non-appointment of five judges, the letter adds.

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It further says, “If the same situation continues, it fears the SC will become dysfunctional.” The Constitution of Pakistan ensures the provision of speedy justice.

“The provision of speedy justice is the responsibility of the SC, of which you are the chief justice,” the letter says.

“We should not undermine the trust of Pakistani people and should not waste their money like this.”

Justice Essa urges the chief justice of Pakistan to convene the meeting of the Judicial Commission of Pakistan at once.

Earlier in September, Supreme Court Justices Qazi Faez Isa and Sardar Tariq Masood had written a letter to the Chief Justice of Pakistan Umar Ata Bandial expressing ‘dismay’ at remarks made by the CJP during the new judicial year ceremony.

In a letter addressed to members of the Judicial Commission of Pakistan (JCP), the Justices said that the address of the CJP on the occasion of the opening ceremony of the New Judicial Year left them ‘taken aback’ and ‘dismayed’.

“The object of the ceremony (as stated by the CJP) was to identify our priorities and set out our vision for the coming year, but the CJP said much more. He sought to justify decisions of the Supreme Court, respond to criticism of its judgments, and unilaterally speak on behalf of the Supreme Court,” the joint letter said.

The letter also said that the CJP commenting on pending cases was ‘disconcerting’, and reminded the judicial commission that the Supreme Court does not consist of the Chief Justice alone. “He also made uncalled for and disparaging remarks about members of the Supreme Court Bar Association […] accusing them of political partisanship because they had requested that the Full Court be constituted to hear the cited case.”

“But what was most inappropriate, and unreasonable, was to mention the working and decisions of the JCP,” they said in the letter, adding that the CJP had said that the candidates proposed by the Chairman of the JCP — who is also CJP Bandial — were not approved, blaming the representatives of the Federal Government for this.

“All members of the JCP, including its chairman, are equal. The only additional responsibility of the CJP is for him to act as its chairman,” the letter said, concluding that the Justices had remained quiet to maintain decorum, but wanted to issue this letter to clarify, in case their silence be misconstrued as consent.