- Justice Shah says he is ignoring CJP Isa’s reference for “worrying reasons”.
- “CJP Isa has betrayed the sacred role of the judiciary as a check and balance of power.”
- “Issa’s actions demonstrated a blatant disregard for collegiality.”
ISLAMABAD: Justice Mansoor Ali Shah has launched criticism against outgoing Chief Justice of Pakistan Justice Faiz Isa for remaining “complacent and indifferent to external pressures on the judiciary” during his tenure as the senior judge skipped the full court signal to bid farewell to the latter.
CJP Isa took oath as the 29th Chief Justice of Pakistan (CJP) on September 17, 2023 in a ceremony, with his wife Sarina Isa standing by his side.
Justice Yahya Afridi, who was appointed by a special parliamentary committee, is scheduled to take oath as chief justice of the Supreme Court tomorrow (Saturday).
In a letter to the Registrar of the Supreme Court, Justice Shah – who would have become the RJD had the 26th Amendment not been passed – noted that it is a global practice to hold a farewell event to recognize the contributions of the late Chief Justice.
However, he said, traditions, like institutions, “depend on the merits of those who embody them.”
He explained that he decided not to attend the presence of former Justice and Development Party authority Saqib Nizar because he “exceeded the limits of his constitutional role.”
He reiterated that he would also not attend the CJP Isa session “albeit for different but more worrying reasons.”
Justice Shah noted that the role of the Chief Justice is to protect people’s rights, uphold the independence of the judiciary, and ensure justice for all.
“Issa, like an ostrich, with his head in the sand, remained complacent and indifferent to external influences and pressures on the judiciary,” he wrote, adding: “Instead of standing as a bulwark against interference, he opened the floodgates, betraying the sacred role of the judiciary as a check and balance of power.”
The senior judge further said that the outgoing AKP had shown “neither the courage nor the moral fortitude to defend the judiciary, but rather ceded ground to those who sought to weaken the courts for their own gain, thereby compromising the foundation of the rule of law.”
He also said that CJP Isa’s actions showed a blatant disregard for the collegiality and respect necessary to maintain judicial harmony.
“Through a pattern of self-righteousness, he consistently failed to engage in dialogue and refused to lead through consensus building that is the hallmark of judicial leadership.”
In an apparent reference to the July 12 ruling, the current Chief Justice has no interest in the Supreme Court’s rulings and has “contemptuously and shamelessly suggested that they may not be implemented by the executive.”
Earlier on October 22, CJP Isa – in a detailed minority judgment – stated that implementation of the Supreme Court’s July 12 ruling was not binding as the review petitions in the case were still pending and had not been scheduled for hearing.
“He (Justice Isa) has fostered bitter divisions and fractured relationships among colleagues within the court leaving scars on the judiciary that will last a long time. Justice Shah added that his tenure would be characterized by pettiness, vindictiveness and a humble approach to administrative matters, without any grace or humility.
He concluded by saying that attending a reference and celebrating such a mandate would send a message that the Chief Justice could “betray his institution, weaken its power, act frivolously and lowly, and still be celebrated as an honorable servant of justice.”
When the senior judge retires today, Justice Afridi will succeed him and take the oath of office of the APC in a ceremony scheduled to be held at Aiwan Sadr. President Asif Ali Zardari is scheduled to take oath of the appointed APC party.
Justice Afridi has been appointed as the country’s 30th Chief Justice, who will serve for a fixed term of three years beginning tomorrow (October 26), according to a statement issued by the Sadr Council on Wednesday.
He is the first CJP to be appointed under Articles 175A(3), 177 and 179 of the Constitution after the 26th Constitutional Amendment.
The ruling coalition last week succeeded in passing highly controversial judicial reforms through Parliament by a two-thirds majority of 225 and 65 votes in the House of Representatives and Senate respectively.