Isa gets tongue lashing from Shah as he hangs up robes

Senior judge says outgoing CJ has left scars on judiciary that will last long

ISLAMABAD:

In a scathing criticism of the outgoing chief justice of Pakistan, Supreme Court's senior most judge Syed Mansoor Ali Shah has accused Justice (retired) Qazi Faez Isa of acting "like an ostrich" and remaining "complacent and indifferent to external influences and pressures on the judiciary".

In a letter informing the Supreme Court registrar of his decision not to attend the full-court reference held in honor of Justice Isa on Friday, Justice Shah noted that it is a deeply held tradition across the world to honor an outgoing chief justice with a reference.

"[A reference is] a ceremonial acknowledgment of their service, leadership, and dedication to upholding the judiciary's integrity. However, traditions, like institutions, rely on the merits of those who embody them," he said.

The SC judge, who was in line to become the chief justice of Pakistan after Isa's retirement but was deprived of this opportunity after the passage of the 26th Constitutional Amendment, noted he had not attended the farewell reference of former CJ Mian Saqib Nisar after he overstepped the boundaries of his constitutional role and ventured into matters beyond his jurisdiction.

"[I had] placed my reasons through a letter dated January 17, 2019 on the record of the reference proceedings. Today, I find myself compelled to make the same decision, though for different but more worrying reasons."

He said the proper role of a CJ is to safeguard the rights of all people-defend the independence of the judiciary and secure justice for all.

"[However] CJ Qazi Faez Isa, like an ostrich, with his head in the sand, remained complacent and indifferent to external influences and pressures on the judiciary.

"Instead of standing as a bulwark against interference, he opened the gates wide, betraying the judiciary's sacred role as a check and balance on power.

"He showed neither the courage nor the moral fortitude to defend the judiciary rather ceded ground to those who sought to weaken the courts for their own gain thereby compromising the very foundation of the rule of law."

According to Justice Shah, Justice Isa's actions displayed a blatant disregard for the collegiality and respect essential to maintaining judicial harmony.

He said Justice Isa through a pattern of self-righteousness, consistently failed to engage in dialogue and refused to lead with the consensus-building that is the hallmark of judicial leadership.

"He has little regard for the judgments of this court and has contemptuously and unashamedly suggested that they may not be implemented by the executive.

"He has fostered bitter divisions and fractured relationships of colleagues within the court leaving scars on the judiciary that will last long. His tenure will be defined by pettiness, vindictiveness, and a lowly approach to administrative matters, having no grace or humility.

The SC senior puisne judge contended that to celebrate such a tenure would send a message that a CJ can betray his institution, erode its strength, act petty and low, and still be celebrated as an honorable servant of justice.

"I am sorry, I in good conscience, cannot stand at a reference for such a chief justice," he added.

Justice Shah who left for Umrah days before retirement of Justice Isa was among the five SC judges who neither attended the dinner reception held in honor of the former CJ nor his farewell reference.