Exit Justice Isa

Qazi Faez Isa's tenure as Chief Justice highlights controversy and a divided judiciary in Pakistan.

Qazi Faez Isa's era as Chief Justice of Pakistan will remain a topic of judicial debate for years to come. Notwithstanding his high caliber as a jurist, he was found to be on the vindictive side of interpretations, as many of his decisions lacked transparency and were rushed down apparently under his own doctrine of exigency. Though he was a great proponent of democracy, he could not hold the banner for long as his January 13, 2023 decision to deny the electoral symbol of cricket bat to the PTI, and the lack of clarity on the fate of the political party's participation in the general election will long be remembered as a stigma on his career. So were a couple of his other decisions such as endorsing the weightage of ordinances, despite being a critic himself, and his refusal to hear cases pertaining to opposition's grievances in the constitutional realm.

Qazi, nonetheless, must be credited for ushering in a culture of transparency in the apex court. Live telecasting proceedings of the court was his brainchild. He volunteered to give up his powers of suo motu, and ardently pushed for the Supreme Court (Practice and Procedure) Act 2023, whereby bench formation is decided by a three-judge committee. Likewise, he stood fast against the interim government, pressuring it to the core for holding the February 2024 elections, and pushing the envelope further in letting more judicial officers be appointed as judges. He also backed the botched-down idea of a Constitutional Court, which led to a contested 26th Amendment causing a disbalance between the organs of the state, and compromising on judicial vibrancy.

The now-retired chief justice was one of the most talked about jurists as a majority begged to differ publicly with his decisions, especially his ducking down on the intimidation and surveillance of judges by intelligence agencies. He preferred to look the other way which led to fissures and disharmony among Brother Judges. His legacy is one of leaving behind a divisive and traumatised judiciary, one that is in need of a healing touch.