In unprecedented move, Justice Isa notified as next CJ

SC senior puisne judge will be sworn into office on September 17

ISLAMABAD:

In an unprecedented move, the government on Wednesday notified Supreme Court senior puisne judge Justice Qazi Faez Isa as the next chief justice of Pakistan.

According to a statement issued by the President House, President Dr Arif Alvi approved the appointment of Justice Isa who will assume the office on September 17, 2023, following the retirement of the incumbent Chief Justice of Pakistan (CJP) Umar Ata Bandial.

Justice Bandial will reach the age of superannuation on September 16, 2023, under Article 179 of the Constitution which states that a judge of the Supreme Court shall hold office until he attains the age of 65 years unless he sooner resigns or is removed from office.

The government cited no reason for issuing the notification for the next CJP three months before the retirement of the incumbent CJP, Justice Bandial, who will attain the age of superannuation on Sept 16.

A government official told the Express Tribune that there is nothing illegal about issuing a notification in advance as the top court is observing summer vacation.

He, however, agreed that the government action was aimed at creating a psychological impact — at deterring CJP Bandial from taking any action against the government and the power that be in an effort to leave a legacy behind.

If we take a look at the recent judicial history, it suggests that the executive and the establishment view the outgoing chief justice as a dangerous person.

In the past, too, former chief justice Iftikhar Muhammad Chaudhry, just before his retirement, had given a ruling on enforced disappearance that irked the military establishment.

Former chief justice Anwar Zaheer Jamali took up Imran Khan’s petition for the disqualification of then prime minister Nawaz Sharif over the Panama leaks.

Former chief justice Mian Saqib Nisar, before his retirement, also took decisions that could at best be called unprecedented. Former chief justice Asif Saeed Khosa also took up the petition challenging the extension given to the then army chief.

Former chief justice Gulzar Ahmed had summoned then PM Imran Khan in a matter related to delay in the probe into the APS Peshawar incident. At present, several important constitutional petitions are in the apex court, pending decisions. In this situation, the role of CJ Bandial is considered crucial.

Against this background, the notification appointing the new CJP will also be a message to the lower judiciary. However, there will be no legal implications of the notifications on the working of CJ Bandial.

Moiz Jafferi advocate said one “cannot make sense of the notification about appointing Justice Isa as the chief justice of Pakistan coming so many weeks before it is actually due”.

"The only thing that makes sense is that the court is now on vacation and the ascension is due only a few days after the vacations end."

PML-N lawyer Barrister Zafarullah revealed that the notification is being issued in order to counter an alleged conspiracy hatched by some retired judges who are against Justice Isa.

He claimed that some retired judges still want Justice Isa to be removed by entertaining the curative review petition against April 26, 2021 judgment.