Would-be CJ’s exit leaves many in shock

Justice Ijazul Ahsan also tenders resignation a day after Justice Naqvi doffs robes

ISLAMABAD:

 Justice Ijazul Ahsan, who was in line to become the next Chief Justice of Pakistan (CJP), has tendered his resignation, creating unprecedented times for the Supreme Court.

This comes a day after another like-minded judge, Sayyed Mazahar Ali Akbar, also resigned. Both judges have submitted their resignations to President Dr Arif Alvi for approval.

"I have had the honor and privilege of serving as a Judge of the Lahore High Court, the Chief Justice of the Lahore High Court, and a Judge of the Supreme Court of Pakistan.

“However, I no longer wish to continue as a Judge of the Supreme Court of Pakistan. Therefore, I, Justice Ijazul Ahsan, resign as a Judge of the Supreme Court of Pakistan in terms of Article 206(1) of the Constitution with immediate effect," said Justice Ahsan in his resignation letter, shocking many.

No one was expecting his resignation. Both judges were regarded as close to former CJ Umar Ata Bandial, and their resignation is also a massive blow to the PTI, which was expecting a revival after Justice Ahsan's appointment as the CJ in October this year.

Now, Justice Syed Mansoor Ali Shah will become the next CJ and serve for more than three years.

After his resignation, incumbent CJ Qazi Faez Isa's position has become stronger within the institution. Since the filing of a presidential reference against Justice Qazi Faez Isa in May 2019, judicial politics have been in full swing, and the SC has remained practically divided into two camps.

Justice Ahsan remained close to three former CJs—Saqib Nisar, Gulzar Ahmed, and Umar Ata Bandial. He was part of several benches that gave controversial decisions.

A debate is underway as to why Justice Ahsan resigned suddenly. It was an open secret that the superior bars were considering moving a complaint of misconduct against Justice Ahsan soon.

Justice Ahsan was already facing severe criticism from the PML-N for his role in the Panama Papers trial, which resulted in the conviction of former prime minister Nawaz Sharif and his daughter Maryam Nawaz. The PML-N supporters considered him a pro-PTI judge.

Justice Ahsan was a favorite of the establishment led by army chief General (retd) Qamar Javed Bajwa. However, the incumbent establishment did not trust him.

He led the bench that recommended to former CJ Bandial to take suo motu of a delay in general elections for Punjab and Khyber Pakhtunkhwa (K-P) assemblies. Likewise, he presided over the special bench that declared trials of civilians in military courts as unconstitutional.

Justice Ahsan also authored the judgment in the fake accounts case, where the National Accountability Bureau (NAB) had named former president Asif Ali Zardari and his sister Faryal Talpur as accused.

Justice Ahsan was visibly upset over the SC's working after the retirement of CJ Bandial. He was not in favor of live streaming of the SC proceedings and dissented from the majority opinion regarding the endorsement of the Supreme Court (Practice and Procedure) Act, 2023.

As a member of the committee tasked with the formation of benches, he raised objections to the benches that took up the government's intra-court appeals (ICAs) against SC’s military courts judgment, as well as Justice Sayyed Mazahar Ali Akbar Naqvi's petition challenging the misconduct proceedings initiated against him by the Supreme Judicial Council (SJC).

Justice Ijazul Ahsan also objected to the committee formed to give suggestions regarding amendments in the Judicial Commission of Pakistan (JCP) rules to improve the procedure for the appointment of superior court judges.

Faisal Siddiqi Advocate said a purge of judges is taking place at the Supreme Court. "This is, in essence, PCO [Provisional Constitutional Order] by other means. The ultimate objective is to silence dissenting judicial voices. Have no doubt, no judge is safe now," he said.

Another lawyer stated that Justice Ahsan's resignation is not only the outcome of judicial politics. Some external elements played their role in securing these resignations, he said.

After the exit of Justice Naqvi and Justice Ahsan, only two judges are left in the SC who were once considered to be part of the CJP Bandial's camp.

Several lawyers believe Justice Ahsan should have faced the challenges. A judge should be prepared to work under pressure, they stated, adding that unlike Justice Naqvi, Justice Ahsan might have gained support from one section of lawyers.

It is also learned that Justice Ahsan resigned after the SJC decided to proceed in Justice Naqvi's case despite his absence. Lawyers are wondering how the SJC is proceeding against a resigned judge. According to a judicial order, misconduct proceedings could not be held against retired or resigned judges.