Ruffling feathers: Isa's bold remarks cloud judicial package prospects

Judicial waters are getting choppy in wake of CJP Qazi Faez Isa's comments on the role of generals and bureaucrats

ISLAMABAD:

The judicial waters are getting choppy in the wake of CJP Qazi Faez Isa's comments on the role of generals and bureaucrats steering the ship of state, sparking a debate on the fate of the proposed judicial package, which includes raising the retirement age for judges of the superior courts.

Although the government faced no immediate threat after the July 12 majority judgment regarding reserved seats, the Supreme Court's decision to declare the Pakistan Tehreek-e-Insaf (PTI) a parliamentary party and eligible for reserved seats has drawn sharp reactions from ruling political parties and 'powerful circles.'

Senior legal minds reckon that the majority judgment has thrown cold water on the government's hopes of securing a two-thirds majority in parliament—a necessary condition to pass the judicial package through a constitutional amendment.

Even within the judiciary, there appears to be unease over the ruling.

However, CJP Isa's recent remarks that "generals and bureaucrats are running the country's affairs" could further ruffle feathers among these powerful circles

While some political analysts believe that CJP Isa, aware of his impending retirement, is making these bold statements as part of an effort to cement his legacy, the current government may pull out all the stops to keep Isa in office to maintain the continuity of the current system.

A cabinet member told The Express Tribune that the government currently fell short of securing the two-thirds majority needed in the Senate, making it difficult to pursue a constitutional amendment.

He also shared that since CJP Isa himself declared that he was not seeking an extension and would retire in October, the majority stood with the future chief justice in the reserved seats verdict.

However, a senior lawyer believed that powerful circles could pull the strings to secure the votes needed in the Senate for the constitutional amendment, questioning whether the security establishment was truly in favour of the judicial package.

One faction within the government is advising leadership to foster a positive relationship with future chief justices. They have even urged PML-N leaders to refrain from criticizing Justice Syed Mansoor Ali Shah.

A lawyer noted that if the current government wishes to continue its hard-nosed stance toward PTI, keeping CJP Isa in office is crucial.

He pointed out that PML-N desperately needed an 'anti-PTI' chief justice under the current circumstances. Furthermore, CJP Isa has shown readiness to take on the security establishment in any matter, as he did before becoming the chief justice.

Justice Syed Mansoor Ali Shah has already termed the avoidance of implementing the Supreme Court's judgment on reserved seats as a violation of the Constitution.

Interestingly, the majority of judges seem to be facing the biggest hurdles within their own ranks, rather than from external forces.

Former additional attorney general Tariq Mahmood Khokhar said that the established order perceived the CJP as a bulwark against the PTI.

"As such, he is their natural ally and any extension in his tenure is deemed to be of the utmost importance. In my opinion, the option of the CJP's extension is still on the table and is likely to remain so," Khokhar added.

Muneer Kakar, a presidential candidate for the upcoming Supreme Court Bar Association (SCBA) elections, expressed disappointment with CJP Isa's conduct.

He stated that while Balochistan lawyers supported him during challenging times, they were disheartened by his performance on issues related to civil liberties.

"We being Balochistan lawyers are ashamed of the conduct of Balochistan judges, especially Javed Iqbal, Iftikhar Muhammad Chaudhry and present CJP Isa."

Kakar called on the government to issue a notification appointing Justice Shah as the next chief justice to resolve the ongoing conflict over the judicial package.