Justice Isa spells out why he attended Constitution convention

ISLAMABAD: A day after his presence at a National Assembly convention marking the 50th anniversary of the Constitution triggered a debate on “optics” and “perceptions”, Justice Qazi Faez Isa clarified on Tuesday that he did “not choose” to sit in the front row alongside politicians from the ruling coalition, Geo News reported.

“I would have preferred to sit in the hall on one side or in the gallery, but respect was shown to a member of the judiciary by seating me at the centre... I did not choose to sit there,” he said in a statement.

Justice Isa said that all the Supreme Court judges had been invited to celebrate the Constitution’s golden jubilee. He added that assurances had been made that there would be no “political speeches” before he accepted the invitation, which was also confirmed through the programme he received. “Having cleared this point, first by my staff from the deputy director of the National Assembly, and then by me directly with the speaker, I accepted the invitation as I wanted to show solidarity with the Constitution.”

Justice Isa also clarified that he had initially declined to make a speech on the occasion but when “political statements were made (in a few of the speeches)”, he requested to speak to clear some “misconceptions”.

The apex court judge expressed surprise at objections to his presence at the National Assembly convention and his seating place, clarifying that he “did not choose” to sit in the front row.

“The organisers of the convention had invited all to commemorate a singularly important day in Pakistan’s history. The golden jubilee of the Constitution is a celebration of all citizens, it is not the exclusive domain of any particular political party or institution,” Justice Isa emphasised.

The country’s citizens, he further said, would be best served if seeds of discord were not planted, adding that the salvation of all Pakistanis lay in adhering to the Constitution.

During his speech at the lower house of parliament on Monday, Justice Isa termed himself a “defender” of the Constitution, saying that people would have the right to criticise him if he failed to uphold it. The top court judge’s presence at the session triggered a debate among lawyers and politicians, with Pakistan Tehreek-e-Insaf (PTI) Vice President Shah Mahmood Qureshi saying Justice Isa should not have gone to parliament in the current circumstances.

Lawyer Abdul Moiz Jaferii said, “Justice Qazi Faez [Isa] holding up the Constitution and speaking in parliament to the applause of a coalition government which is hell-bent upon subverting it. What could possibly be worse optics at a fragile and fractured time for the Supreme Court?”

Meanwhile, Pakistan Chief Justice Umar Ata Bandial and Justice Qazi Faez Isa met on Tuesday for the second time in three days. According to sources, Justice Isa’s explanation was released after consultation with the Chief Justice. The two judges also had a long meeting, sources said.

In a related development, Gujranwala Bar Association on Tuesday filed a misconduct complaint with the Supreme Judicial Council (SJC) against Justice Qazi Faez Isa, senior judge of the Supreme Court, seeking his removal from his office. Pervaiz Abid Haral, President, of the Gujranwala Bar Association filed an application under Article 209(5) of the Constitution read with para 5 of Supreme Judicial Council Procedure of Enquiry 2005 against Justice Qazi Faez Isa. He contended that by choosing a public forum for voicing his personal and subjective views and opinions Justice, Qazi Faez Isa had denounced the judiciary as a whole and had targeted the high offices of the country.

On the other hand, a petition has been filed in the Supreme Judicial Council for an early hearing of a plea against Justice Faez Isa. The plea was filed on behalf of Waheed Shazad Butt, a citizen, who said the petition against the senior judge had been filed in 2019 but it remained unheard. The petition said Justice Faiz Isa’s wife had bought property worth over Rs130 million in London but she failed to provide its money trail. The petition also alleged that Justice Isa had committed misconduct by writing a letter to the President over the reference.