Justice Shah says CJP Isa’s tenure to be defined by 'vindictiveness, pettiness'

ISLAMABAD: Senior puisne judge Justice Mansoor Ali Shah skipped the full court reference, organised to bid farewell to outgoing Chief Justice of Pakistan (CJP) Qazi Faez Isa, saying that the latter’s tenure would be defined by “pettiness and vindictiveness”.

CJP Isa took oath as the 29th chief justice of Pakistan (CJP) on Sept 17, 2023 at a ceremony, where his wife Sarina Isa was standing beside him.

Justice Yahya Afridi, who was appointed by a Special Parliamentary Committee (SPC), is set to take oath as the next chief justice tomorrow (Saturday).

In a letter to Supreme Court Registrar, Justice Shah — who would have become the CJP had the 26th Amendment not been passed — noted that it is universal custom to hold a farewell event to acknowledge the departing chief justice’s contributions.

However, he said, traditions, like institutions, “rely on the merits of those who embody them.”

He explained that he decided against attending former CJP Saqib Nisar's reference because "he had exceeded the limits of his constitutional role".

He reiterated that he would also not be attending CJP Isa’s reference “though for different but more worrying reasons”.

Justice Shah pointed out that the chief justice’s role is to protect the rights of the people, uphold judicial independence, and ensure justice for all.

“CJP Isa, 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 gates wide, betraying the judiciary's sacred role as a check and balance on power.”

The senior judge further said that the outgoing CJP showed “neither the courage nor the moral fortitude to defend the judiciary rather ceded ground to those who sought to weaken the courts for their own gain thereby compromising the very foundation of the rule of law.”

He also said that CJP Isa’s actions have displayed a blatant disregard for the collegiality and respect essential to maintaining judicial harmony.

“Through a pattern of self-righteousness he consistently failed to engage in dialogue and refused to lead with the consensus-building that is the hallmark of judicial leadership.”

Apparently referring to the July 12 reserved seats verdict, Justice Shah said the incumbent chief justice has little regard for the judgments of Supreme Court and has “contemptuously and unashamedly suggested that they may not be implemented by the Executive.”

Earlier on Oct 22, CJP Isa — in a detailed minority judgment — stated that the implementation of the top court’s July 12 verdict was not binding as the review petitions in the case were still pending and not fixed for hearing.

“He [Justice Isa] has fostered bitter divisions and fractured relationships of colleagues within the Court leaving scars on the judiciary that will last long. His tenure will be defined by pettiness, vindictiveness, and a lowly approach to administrative matters, having no grace or humility,” Justice Shah added.

He concluded by saying that to attend a reference and celebrate such a tenure would send a message that a chief justice can “betray his institution, erode its strength, act petty and low, and still be celebrated as an honorable servant of justice.”

When the top judge retires today, Justice Afridi will succeed him and take the oath of the office of CJP in a ceremony slated to be held at the Aiwan-e-Sadr. President Asif Ali Zardari will administer the oath to the CJP-designate.

Justice Afridi has been appointed the 30th chief justice of the country, who will serve for a fixed three-year term starting tomorrow (October 26), according to a statement from the Aiwan-e-Sadr released on Wednesday.

He is the first CJP to be appointed under Articles 175A(3), 177, and 179 of the Constitution following the 26th Constitutional Amendment.

The ruling coalition last week successfully pushed through the highly contentious judicial reforms through parliament via a two-thirds majority with 225 and 65 votes in the lower and upper house, respectively.