CJ Isa’s tenure

As Chief Justice Qazi Faez Isa retires today, his tenure will be remembered both for the work done in the judicial sphere as well as for the polarising effect it had. CJ Isa’s tenure, spanning just 13 months, will be remembered for bold reforms, high-profile decisions, a struggle against both political and institutional challenges, and much controversy including the continuation of a divided court. When Justice Isa assumed office in September 2023, he brought about several ‘firsts’ in the history of Pakistan’s Supreme Court. From the live telecast of court proceedings, a move praised for promoting transparency, to the appointment of the first female registrar of the Supreme Court, his leadership signaled a break from tradition. His decision to call a full court on his first working day set the tone for an inclusive judiciary, one that seemed open to change. A major reform during his time as CJP was the implementation of the Supreme Court (Practice and Procedure) Act 2023, which aims to distribute judicial powers more evenly across the bench. This reform, though lauded by many as a step toward improving transparency in how cases were assigned, was met with resistance by those who believed it diluted the powers of the chief justice. Nonetheless, Chief Justice Isa’s resolve to prioritize collective decision-making was evident, even at the cost of inviting controversy.

Justice Qazi Faez Isa’s judicial career is marked by notable rulings, many of which challenged the status quo. His decision in the Faizabad dharna case, where he called out the establishment for its involvement in political protests, showcased his commitment to justice and accountability, even against powerful institutions. More recently, his judgment in the presidential reference that revisited the trial of Zulfikar Ali Bhutto, Pakistan’s former prime minister, signaled his desire to correct historic wrongs. During his judicial career, Justice Isa has also championed women’s rights, with landmark rulings on women’s inheritance cases, reiterating the importance of gender justice in Pakistan’s legal system.

However, Justice Isa’s legacy has not been without controversy. The decision to revoke the PTI’s use of its ‘bat’ symbol in the 2024 general election was met with sharp criticism. His critics, particularly from the PTI, accused him of harbouring a bias against the party, a claim that snowballed into a terrible and dangerous political campaign against him. While legal experts argue that his rulings were based on law and not personal vendettas, the PTI’s campaign significantly marred his tenure. What made matters worse were rumours suggesting that Justice Isa was seeking an extension, a claim that was repeatedly denied by the law ministry. Despite this, the rumours fueled further attacks on his integrity, an unfortunate episode that was completely unwarranted. Adding to the tensions was the 26th Amendment, which led to the appointment of Justice Yahya Afridi as the new chief justice amidst murmurs of internal divisions within the judiciary. Some argue that Justice Isa’s legacy has been tarnished not by any ruling but by the political machinations both inside and outside the judiciary. His supporters, however, believe that eventually Justice Isa’s transparency, integrity, and willingness to cede powers, such as in the case of judicial appointments, will be realised by many as a reflection of his deep respect for rule of law.

As Chief Justice Qazi Faez Isa retires, Pakistan’s judicial system finds itself at a critical juncture. The hope is that his successor will be able to restore public trust in the courts. The passage of the 26th Amendment and the establishment of constitutional benches present both challenges and opportunities. The judiciary must tread carefully, balancing its role as a check on executive overreach while ensuring that it does not become embroiled in political power plays. Looking ahead, it is crucial that the reforms initiated by Chief Justice Isa are expanded upon in ways that strengthen the judiciary’s ability to deliver justice efficiently and impartially.