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Sunday September 15, 2024

Law minister puts speculations about CJP Isa's extension to rest

Azam Nazeer Tarar says top judge is respectable person and it is not appropriate to say he's seeking extension

By Web Desk
September 02, 2024
Azam Nazeer Tarar addressing a press conference on June 22, 2022. — APP
Azam Nazeer Tarar addressing a press conference on June 22, 2022. — APP

Federal Minister for Law Azam Nazeer Tarar has ruled out the possibility of an extension in Chief Justice of Pakistan (CJP) Qazi Faez Isa's tenure as the top judge while responding to the speculations centred on his imminent retirement. 

CJP Isa is set to retire in October this year, but as his retirement draws near, rumours of an "extension" in his tenure through judiciary-centric legislation in parliament have been rife.

However, the Centre has time and again denied these reports, saying that nothing as such was on the cards as CJP Isa has "no interest" in getting an extension.

The legal experts say there is no constitutional mechanism for such an extension without amendments to the Constitution. Even if the government wants such an amendment, it would require a two-thirds majority in both houses of parliament, which is a challenge in the light of recent Supreme Court verdict on reserved seats favouring Pakistan Tehreek-e-Insaf (PTI).

"The two-thirds majority should be discussed when an extension has to be granted," Tarar said while addressing an event in Islamabad.

He said that the chief justice "clearly told me and the attorney general that he doesn't want an extension".

The minister said that CJP Qazi Faez Isa is a respectable person and it was not appropriate to repeatedly say that he is seeking an extension.

"I request the media persons to talk about some other topic as it was unnecessary to discuss the top judge's extension repeatedly," he added.

As stated earlier by the law minister, the principle of seniority will be followed in the appointment of a new top judge of the country. Senior Puisne Judge Mansoor Ali Shah is next in line to become the country's top judge.

The speculations about CJP Isa's extension gained attraction after the PTI sought an early issuance of notification regarding the next chief justice of Pakistan (CJP), last month.

PTI to oppose any amendment regarding judiciary

While speaking to the media today, PTI Chairman Barrister Gohar Ali Khan said that the party has decided to oppose any amendment bill regarding the judiciary and all their members of parliament have been officially notified about it.

"None of our MNA or senator will vote in the favour of the proposed amendments. Every MNA has been individually instructed in this regard in the light of Article 63 of the Constitution," Gohar said.

It may be noted that the controversial apex court judgment of July 2022 on former Punjab chief minister Pervaiz Elahi's petition prevents lawmakers from defying party lines in constitutional votes, effectively limiting the government’s ability to secure additional votes through defections.

Moreover, speaking about the matter of parleys between the opposition and the government, the PTI chairman said that a dialogue should be held. The PTI chief said his party has also clarified with whom the talks should be held.

"PTI founder has given the mandate to hold the talks with political parties to Mahmood Achakzai and it is his prerogative to decide the point which should be talked on," he added.

Gohar further stated that if the party will consider any suggestions presented by the Pakhtunkhwa Milli Awami Party (PkMAP) chairman.