Judge’s dignity, court majesty to be ensured: CJP-designate

ISLAMABAD: Chief Justice-designate Justice Yahya Afridi vowed on Friday that the rule of law would be ensured for the people of Pakistan, the principle of separation of powers would prevail, and the dignity of a judge and majesty of the court would be protected strictly.

He was addressing the full court reference, held here on the eve of retirement of Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa. The reference was attended by judges of the Supreme Court, lawyers as well as staff of the apex court. Five judges, including Justice Mansoor Ali Shah, Justice Munib Akhtar, Justice Athar Minallah, Justice Ayesha A. Malik and Justice Malik Shahzad Ahmed Khan did not attend the full court reference.

CJP-designate Justice Yahya Afridi, while addressing the full court reference, said that proper and immediate attention would be given to remote districts like Jiwani district of Balochistan, Tank in Khyber-Pakhtunkhwa, Ghotki in Sindh and Sadiqabad in Punjab because Karachi, Lahore, Peshawar and Quetta get immediate attention of the high court and the government.

He said the remote districts need our attention and the best judges should go there because they were needed there the most. The CJP-designate said that he always found Justice Isa as the most caring person. In a lighter vein, he added, if someone would behave with him with kindness, he would respond in the same manner. “But if you try to provoke him, then you will be in hell, and you will not find any place and then only Allah can save you,” Justice Yahya added.

He said that as a judge he learnt a lot from Justice Isa, adding that he had many disagreements with him (Justice Isa), but he always seemed ready to listen to his point of view and also seemed ready to follow them.

Speaking on the occasion, the outgoing chief justice Qazi Faez Isa said that when he went to the Balochistan High Court, he was the only judge there. He recalled that there was a constitutional crisis in the country at that time, so he did not get anything to learn from anyone, though lawyers taught him and helped him out there.

Qazi Faez Isa said he appointed new judges and resumed the functioning of a dormant Balochistan High Court. He thanked former chief justice Iftikhar Ahmad Chaudhry, who elected him as the Balochistan High Court chief justice. He recalled that as he was writing articles in newspapers, one day, the then chief justice Iftikhar Chaudhry called him through his registrar.

“I thought he called me to rebuke, but I was surprised when he asked me to assume charge in the Balochistan High Court as there was no judge there,” Justice Isa recalled, adding that his wife had the “veto power” in his life, and, after her consent, he came to Balochistan and thereafter, his life changed overnight.

He discussed the importance of lawyers and judges, saying “we may have made a lot of wrong decisions, as we follow what is written on the pieces of paper, which benefits one party, and not the other. But, what is the truth, only Allah knows better”. He said “we go by papers and the law, and those who could prove the case on the basis of papers and evidence, can get relief”.

Speaking on the occasion, Attorney General Mansoor Usman Awan paid rich tribute to the outgoing chief justice, saying that under his extraordinary judicial leadership, the Supreme Court collectively decided to livestream proceedings in cases of public importance, promoting transparency and accessibility for masses.

On the judicial side, he added, Chief Justice Isa, without wasting time, upheld the constitutionality of the Supreme Court (Practice and Procedure) Act, 2023.

“In doing so, this court approved Parliament’s decision to abolish the chief justice’s absolute power to constitute benches and fix cases,” the AG said, adding that “this was a pivotal moment in our judicial history and Chief Justice Isa’s role in ensuring greater accountability and transparency within the judicial branch cannot be over-emphasised”.

The AG said another important contribution made by CJP Isa was his role in the conduct of General Election 2024. He said that there was yet another hurdle when the Lahore High Court through order dated December 13, 2023, in writ petition No. 80823 of 2023, suspended notifications issued by the Election Commission of Pakistan where-under district returning officers, returning officers and assistant officers were appointed.

“Had the suspension order of LHC been allowed to hold the field, the General Election on February 8, 2024 would have become virtual impossible,” the AG said, adding that Chief Justice Isa, without any delay, on Dec 15, 2023 suspended the Lahore High Court order and cleared the path to the General Election which were held and democracy was once again saved.

The AG further said that in his tenure, democracy passed through a turbulent time, adding that throughout his time on the bench, Justice Isa promoted democracy, transparency and accountability, not only generally but also for himself and his own institution.

“We wish him a happy retirement and hope that he will continue to serve democracy, rule of law and constitutionalism post-retirement,” the AG concluded. The full court was also addressed by Supreme Court Bar Association (SCBA) President Shahzad Shaukat. He said the landmark judgments delivered by the outgoing CJP left an indelible mark on judicial landscape of the country by safeguarding constitutional right, promoting transparency and applying the rule of law without fear and favour.

“Your judgment in cases like Faizabad dharna highlighted your dedication to constitutional values, ensuring protection of fundamental rights such as freedom of speech and expression,” Shahzad added.

The full court reference was also addressed by Vice Chairman Pakistan Bar Council (PBC) Farooq H. Naek. He said that Justice Isa’s legacy lies not only in his judgments but his broader efforts to nurture judicial independence, promote transparency, and support democracy.

“His tenure serves as a benchmark towards justice and governance,” Naek said. Meanwhile, the outgoing CJP Qazi Faez Isa Friday inaugurated the Fundamental Rights Monument, constructed on the premises of Supreme Court.

After the full court reference concluded, he, along with the CJP-designate and other judges inaugurated the monument. Separately, Senior pusine judge of the Supreme Court, Justice Mansoor Ali Shah, Friday said Chief Justice Qazi Faez Isa, like an ostrich, with his head in the sand, remained complacent and indifferent to external influences and pressures on judiciary. He also refused to attend the full court reference, held for outgoing CJP Qazi Faez Isa on Friday.

In his letter, addressed to the SC registrar, Justice Shah said to stand a reference and celebrate such a tenure would send a message that a chief justice could betray his institution, erode its strength, act petty and low, and still be celebrated as an honourable servant of justice.

“I am sorry; I, in good conscience, cannot stand at a reference for such a chief justice,” Mansoor Ali Shah wrote. The senior judge said it was a deeply held tradition across the world to honour an outgoing chief justice with a reference, a ceremonial acknowledgment of their service, leadership, and dedication to upholding the judiciary’s integrity. However, he added, the traditions, like institutions, rely on merits of those who embody them.

The senior judge said that the proper role of a chief justice was to safeguard the rights of all people, defend the independence of judiciary and secure justice for all. “Chief Justice Qazi Faez Isa, like an ostrich, with his head in the sand, remained complacent and indifferent to external influences and pressures on the judiciary,” Justice Shah maintained, adding that 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.

Justice Mansoor Ali Shah maintained that CJP Faez Isa 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 gains, thereby compromising the very foundation of the rule of law.

“His actions have displayed a blatant disregard for the collegiality and respect essential to maintaining judicial harmony,” Justice Shah wrote. The senior judge further said that through a pattern of self-righteousness, he (Justice Isa) consistently failed to engage in dialogue and refused to lead with the consensus-building that is the hallmark of judicial leadership, adding that he had little regard for the judgments of the apex court and had contemptuously and unashamedly suggested that they might not be implemented by the executive.

The senior judge charged CJP Faez Isa with fostering bitter divisions and fractured relationships of colleagues within the court, leaving scars on the judiciary that would 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.

Justice Mansoor Ali Shah further said that earlier, when former chief justice Mian Saqib Nisar overstepped the boundaries of his constitutional role and ventured into matters beyond his jurisdiction, he [Justice Shah] made the decision not to attend his reference and placed his reasons through a letter, dated 17 January, 2019, on the record of the reference proceedings.

“Today, I find myself compelled to make the same decision, though for different but more worrying reasons,” Justice Shah said.