'Rule of law shall rule' on new CJ's watch

Believes in principle of trichotomy of power

ISLAMABAD:

Justice Yahya Afridi, the designated chief justice of Pakistan (CJP), on the cusp of assuming his new role, asserted the Supreme Court's commitment to the principles of judicial independence and the trichotomy of power.

Addressing a full court reference for outgoing Chief Justice Qazi Faez Isa on Friday, Afridi stressed that "rule of law shall rule" under his leadership. His official tenure begins on Saturday (today).

As he prepares to assume the highest judicial post, Justice Afridi took the opportunity to underscore the guiding values that he intends to uphold.

"Let me assure all that with the blessings of Allah Almighty, for the citizens of Pakistan, rule of law shall rule; principles of trichotomy of power shall prevail; the dignity of a judge and majesty of the court shall be strictly ensured," he said.

He said that this would apply equally to "a civil judge sitting in Buni, Chitral, or my brother judge sitting next to me today," committing to address grievances within the bar with immediate effect.

"The grievances of the bars shall be immediately attended to," he pledged.

Justice Afridi's remarks come in the wake of the contentious 26th Amendment, which legal experts contend strikes at the heart of the Constitution's bedrock principle—the trichotomy of power.

Critics also argue that the government's amendment, seen as an attempt to shackle the judiciary to the executive's will, muddies the executive's role in shaping the constitutional bench. The amendment further strips the top court of its suo motu powers, limits the chief justice's tenure to three years and grants the prime minister the authority to appoint the chief justice from the top three most senior SC judges.

'Herculean task'

Justice Afridi detailed specific priorities for his tenure, stressing the needs of districts far removed from the country's urban centres. "Immediate focus would have to be extended to the furthest districts: Jiwani in Balochistan, Tank in Khyber Pakhtunkhwa, Ghotki in Sindh, and Sadiqabad in Punjab," he noted.

"Peshawar, Lahore, Karachi, Quetta, they have the immediate attention of the high courts, the government; it is these furthest districts which deserve our attention and the best of the best should go [there] because they deserve than more than anyone else."

While the high courts and government direct immediate attention to provincial capitals, he argued that these distant districts deserve dedicated resources and the best possible judges.

"Immediate attention will have to be rendered on facilitating attendances and cases of women, children, and the disabled," Afridi added.

He outlined his commitment to modernising the judiciary with the help of automation, alternative dispute resolution, case management, and human resource development.

Afridi acknowledged the magnitude of the task, describing it as a "herculean" endeavour that would demand both "planning from our side and patience from your side".

"With the complete support of not only my brothers at the Supreme Court, the keen interest of the chief justices and the judges of the high court and the district judiciary, but most importantly the complete confidence of the bar… May Allah Almighty render us all guidance and success in achieving this noble goal," he stated.

Afridi paid tribute to outgoing Chief Justice Qazi Faez Isa, extending well wishes on behalf of the judiciary. "With the fondest of memories and every good wish, I on behalf of my colleagues bid farewell to our very dear friend, illustrious colleague, and our distinguished chief justice Qazi Faez Isa."

Justice Afridi also acknowledged CJP Isa's wife, Sarina Isa, daughter Seher Isa, and his three grandchildren, wishing blessings upon them.

 

Justice Afridi lauds outgoing CJ

 

During his speech, Chief Justice-designate Afridi reflected on Justice Isa's humility and "fury," remarking, "If you meet, greet and treat Justice Faez Isa with a smile and humility, he will reciprocate with such gentle softness...But mind you, if you...poke the bear, then even hell hath no fury to match his scorn."

Afridi shared how he had experienced Justice Isa's "wrath" firsthand but learned much from their shared bench.

Justice Afridi expressed mixed emotions, saying he would miss Justice Isa's humour but was pleased he would leave in good health.

He praised Isa's advocacy for women's rights and noted his humility in seeking counsel from worthy advisors.

Describing his farewell luncheon as privately funded, Afridi said, "He has been cruel; he has imposed the entire expense on me." He humorously shared that Isa initially declined their offer but relented after their insistence.

In closing, Afridi formally bid farewell to Justice Isa, and his family, and expressed his best wishes, saying, "With the fondest of memories and every good wish, I on behalf of my colleagues bid farewell to our very dear friend, illustrious colleague, and our distinguished Chief Justice Qazi Faez Isa."

The event, which was streamed live on the Supreme Court's website and YouTube, saw Justice Mansoor Ali Shah notably absent as he was away performing Umrah.

Customary seats beside Justice Isa, typically occupied by Justices Shah and Munib Akhtar, were filled by Justices Afridi and Aminuddin Khan. Other notable absences included Justices Ayesha Malik, Athar Minallah, and Malik Shahzad Ahmad Khan.

In total, 16 judges attended, including two ad-hoc judges and two from the Shariat Appellate Bench. Justice Isa's family, including his wife Sarina Isa, were also present for the send-off.

Attorney-General for Pakistan (AGP) Mansoor Usman Awan, Pakistan Bar Council (PBC) Vice-Chairman Farooq H. Naek, and Supreme Court Bar Association (SCBA) President Shahzad Shaukat praised Justice Isa's tenure, with AGP Awan noting, "Even before becoming the chief justice, Qazi Faez sahib had a prominent and successful career as a lawyer."

AGP Awan also highlighted Justice Isa's landmark rulings, saying the Faizabad sit-in case "clarified the role of law enforcement agencies."

He lauded Justice Isa's defence of fundamental rights, including freedom of expression and women's rights.

Awan added that Justice Isa's commitment to democracy was evident in his unifying efforts for the February 8 general elections.

 

Justice Isa bids adieu

 

Meanwhile, speaking during the event, Justice Isa expressed gratitude to the attendees, his colleagues, and those who supported him during his tenure.

He credited former CJ Iftikhar Muhammad Chaudhry for appointing him as Balochistan High Court's Chief Justice during a "dysfunctional" period, highlighting the unique responsibilities of judges in seeking truth and justice.

Justice Isa recalled his education in Balochistan and Karachi and paid tribute to his family's commitment to education.

Reflecting on his career, Isa noted his wife's unwavering support and her dedication to public service, "She helped in a lot of things," he said, citing her contributions to various public projects.

He stressed the importance of environmental preservation, recalling a conversation with his granddaughter about the need to protect Islamabad's Margalla Hills for future generations.

Reflecting on his youth, Isa recalled losing his father at sixteen and how his grandmother, though uneducated, prioritised her family's education. His mother, he said, insisted he earn a degree before pursuing his career.

His first task at the Supreme Court was selecting the Registrar, which he considered a successful decision, and he expressed deep gratitude for his entire staff.

Isa then read a letter of appreciation from a woman in England, a testament to his contributions.

Justice Isa humorously noted his forthcoming "freedom," and, in closing, acknowledged Jazeela Aslam, the Supreme Court registrar, with whom he worked closely, quipping, "A few hours are remaining in freedom."