Open letters expose discord in SC

ISLAMABAD:

 

The ongoing discord among Supreme Court judges has taken a new turn as Chief Justice of Pakistan (CJP) Qazi Faez Isa's response to Justice Ijazul Ahsan's recent letter has been publicly posted on the SC website.

Simultaneously, Justice Sayyed Mazahar Ali Akbar Naqvi, facing misconduct charges, has penned an open letter to all SC judges, levelling allegations of bias against CJP Isa in his case.

Justice Ahsan raised objections in two letters regarding the composition of two benches hearing the federal government's intra-court appeals against the judgement deeming the trial of civilians in military courts unconstitutional as well as

Justice Naqvi's petition challenging the Supreme Judicial Council's proceedings against him.

Both of Justice Ahsan's letters have been shared on the SC website as per his request.

The public airing of internal disagreements within the SC has sparked intense debate among lawyers, prompting questions about the heightened display of differences with the contents of judges' letters being shared on social media platforms.

On social media, PTI supporters are rallying behind the stance taken by Justice Ijazul Ahsan and Justice Naqvi, while PML-N followers are supporting CJP Isa.

Five judges, affiliated with former CJP Umar Ata Bandial's camp, have expressed dissent with current CJP Isa regarding significant issues since September 17.

It's noteworthy that Justice Isa has previously voiced dissent publicly against former CJP Saqib Nisar, Asif Saeed Khosa, Gulzar Ahmed, and Umar Ata Bandial. Additionally, his questioning of Panama jurisprudence during the Shiekh Rasheed case annoyed retired Justice Sheikh Azmat Saeed.

Interestingly, judges with close ties to these retired chief justices are now raising questions about CJP Isa. There are also suggestions that those associated with former ISI Director General Faiz Hameed are involved in tarnishing the reputation of CJP Qazi Faez Isa.

Similarly, during the Supreme Judicial Council's proceedings chaired by CJP Isa, the initiation of misconduct proceedings against Justice Sayyed Mazahar Ali Akbar saw dissent from Justice Ijazul Ahsan regarding the majority's decision to issue two show cause notices to him.Justice Ahsan will pen his separate statement later.

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Conversely, Justice Naqvi has levelled accusations of bias against CJP Isa and Justice Sardar Tariq Masood. He has requested their recusal from the SJC panel. He alleges that CJP Isa and Justice Sardar Tariq Masood deny him a fair trial and proper due process.

Justice Naqvi has recently penned an open letter addressed to all SC judges, mirroring the action taken by Justice Ijazul Ahsan, whose letter was also circulated among the judges.

There's speculation among legal circles about whether Justice Naqvi's letter was akin to inciting the judges against CJP Isa.Justice Naqvi is employing a strategy akin to the one adopted by CJP Isa when he was confronted with a presidential reference.

Observers say the current situation raises an intriguing question about whether the judiciary will emerge stronger or weaker amid the perceived factionalism within the Supreme Court. Additionally, senior judges within the SC appear divided on issues concerning the appointment of judges.

The Judicial Commission of Pakistan (JCP), a constitutional body responsible for considering the appointment of judges to superior courts, appointed Justice (retired) Manzoor Ahmad Malik as its new member with a majority decision of 3 to 2.

Manzoor Malik has been appointed for two years. Under the law, the CJP, with consultation other four judicial members. appoints retired judges.

Reports indicate that Justice Ijazul Ahsan and Justice Munib Akhtar opposed Manzoor Malik's appointment.

Manzoor Ahmad Malik was among the majority judges who had accepted Justice Isa and other review petitions against ex-CJP Bandial's decision to refer the SC judge's family property matter to the Federal Board of Revenue (FBR) for inquiry.

JCP majority members on Monday approved the constitution of the committee led by Justice Syed Mansoor Ali Shah to consider amendments to JCP rules.

One nominee each from five high courts and five bar councils will be taken in the committee which will submit its report by January 15.

Justice Syed Mansoor Ali Shah and Justice (retd) Manzoor Malik will be the chairman and co-chairman of a committee tasked to draft amendments and come out with a set of criteria in the Judicial Commission Rules determining the elevation of judges to the superior judiciary.

However, two members Justice Ijazul Ahsan and Justice Munib Akhtar opposed the constitution of the committee.
In the meantime, the top court’s challenging conundrum as judges navigate the external polarisation driven by political affiliations within society has raised concerns about potential influences on judicial proceedings.

There's a palpable worry as certain judges appear to garner support from distinct political factions.