After expressing total mistrust in Islamabad High Court Chief Justice Aamir Farooq, Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan is contemplating to seek recusal of Chief Justice of Pakistan (CJP) Qazi Faez Isa from any bench hearing matters related to him or his party.
Imran Khan’s spokesperson Shoaib Shaheen told The Express Tribune that he held a meeting with Imran at the Adiala Jail wherein it was discussed that CJP Isa should not hear cases related to Imran and his party in view of the larger bench order wherein it was held that Justice Isa should not hear cases involving Imran.
He stated that the PTI would move an application for his recusal in case any matter related to the party or its founder would be fixed before any bench led by CJP Isa.
Shaheen informed that they were preparing a petition against alleged rigging in the recent elections and the same would be filed in the apex court soon.
Imran and his wife, Bushra Bibi, already expressed mistrust in the IHC CJ. The IHC has issued notices to superior bars on their objections. The matter is still pending in the apex court. It is also witnessed that the previous PDM government had also expressed mistrust of the bench led by former CJP Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice
Munib Akhtar hearing the matter regarding the holding of general elections of Punjab and Khyber-Pakhtunkhwa (K-P) assemblies. Then the PDM government was requesting the constitution of a full court but that plea was rejected.
Previously, the Pakistan Peoples Party (PPP) had raised objections of biasness against then chief justice Iftikhar Muhammad Chaudhry. Likewise, allegations of bias was levelled by the Pakistan Muslim League Nawaz (PML-N) against then chief justice Mian Saqib Nisar. However, both parties could not succeed in recusing them from hearing cases related to them.
However, there was no judicial order restraining them from hearing cases related to a particular party.
In CJP Isa’s case, a larger bench led by CJP Gulzar Ahmed on Feb 11, 2021 held that Justice Isa should not hear cases involving the then PM Imran.
“The Hon Chief Justice of Pakistan, therefore, observed that in these circumstances it would not be proper for the Hon Judge (Justice Isa) to hear the matter considering that he had already filed a petition against the Prime Minister of Pakistan, in his personal capacity. Therefore, to uphold the principle of un-biasness and impartiality, it would be in the interest of justice that the Hon Judge should not hear matters involving the Prime Minister of Pakistan,” says a five-page written order in a case related to a news story citing him as announcing allocation of Rs500 million to all lawmakers ahead of the Senate polls.
The lawyers, however, are wondering as to why the PTI is agitating this issue as Justice Isa is hearing the party cases after taking charge as the CJP.
The PTI lawyers showed that they completely trusted him. Secondly, the apex court already ruled that only the judge himself could decide about allegations of biasness against him.
Even the Balochsitan Bar Council through Hamid Khan advocate had filed a review petition against the court’s Feb 11, 2011 order barring Justice Isa from hearing cases concerning Imran. The review petition is still pending.
The situation changed after the Jan 13 order wherein the bench led by CJP Isa held that PTI’s intra-party elections were held as illegal.
Subsequently, the PTI was deprived of its election symbol. Later, the PTI legal team was disappointed with the SC’s decision and withdrew the contempt petition against the Election Commission of Pakistan (ECP) and the executive authorities for not implementing the court’s order to provide a level-playing field to the party during the elections.
It is being witnessed that the parties could not succeed to get relief through filing of objections on the judges. Likewise, when the PDM-led government was showing mistrust of former CJP Bandial, the superior bars led by the Independent Group was backing it.
However, now the bar led by the same group was fully supporting CJP Isa.
Even they will never endorse Imran’s objections on IHC CJ Farooq.
It is noted that several lawyers are not satisfied about the judiciary’s role in recent elections wherein there are serious allegations of rigging, implications of Jan 13 order wherein the PTI is facing difficulty to get reserved seats, allowing the trial of civilians in military courts by suspending the SC judgment, arrest of the PTI female activists etc.
Somehow, the PTI needs to understand that the judiciary is the only institution which redresses its grievances. When the PTI's relationship was cordial with the security establishment, the superior courts were giving it relief.
Now their relationship is tense and the PTI is finding it difficult to get judicial decisions in its favour.
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