Justice Qazi Faez Isa has donned his robes as Chief Justice of Pakistan at a time when the judiciary itself is in the dock. The lack of proactivity in terms of prosecuting litigations at real speed; the piling up of more than 56,000 cases; the constitutional writ being in limbo; and coming up with a same wavelength of unanimity among Brother Judges are riddles on his face. It is, however, hoped that the maverick judge, from Balochistan, will be in a better position to pick up the loose threads and re-establish the decorum and prestige of the august court, as he is known for penning some of the landmark judgments pertaining to upholding of civil rights, supremacy of the Constitution and shunning interference of invisible quarters in the premise of lawful interpretation.
The 29th chief justice of Pakistan is not new to the powers-that-be, and the political strata. By virtue of his indelible verdicts, he has drawn both admiration and controversy. The Memogate Commission, Justice Khawaja Sharif’s probe, the Hudaibiya vs NAB ruling, audio-leaks probe and standing up for the victims of Hazara are some of the lawsuits wherein he displayed courage, conviction and left behind long-term consequences. While he is an ardent advocate of suo motu and had once ruled that “citizens shouldn’t have to file applications when fundamental rights are violated or when they fear retaliation”, it is hoped that the torpedoed mosaic of justice will see some prompt rectifications.
Read Justice Qazi Faez Isa takes oath as 29th CJP
A judge known for his egalitarian views on combating religious extremism, minority rights, women’s inheritance and freedom of media and judicial independence will be checked on three fundamental fronts – will he be able to hold general elections within 90 days stipulated dictate of Constitution; roll back the military trial of civilians; and ensure that the Executive and the Judiciary get along by strictly abiding by the Constitution and shunning the space of compromise that has set in inadvertently? No time for Lord Isa to wait and see in terms of necessity conundrum.
Published in The Express Tribune, September 18th, 2023.
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