• Justice Shah accuses outgoing CJP of ‘opening doors to interference’; calls him “small”, “unrighteous”
• The first judge emphasizes the rule of law, respect for the trichotomy of powers; oath today
• Five judges omit the farewell reference

ISLAMABAD: Chief Justice Justice Syed Mansoor Ali Shah skipped a full court referral held in honor of outgoing Chief Justice of Pakistan Qazi Faez Isa, accusing the latter of remaining “complacent and indifferent to external pressures on the judiciary” during his tenure.

Besides Justice Shah, four other judges of the Supreme Court — Munib Akhtar, Ayesha A. Malik, Athar Malik and Malik Shahzad Ahmed Khan — did not attend the event, held in Hall no. 1.

While the reference was in full swing, Justice Mansoor Shah issued a scathing one-page letter explaining his decision not to attend it, asking the SC registrar to enter his letter of refusal in the minutes of the reference proceedings.

Justice Shah said it was a deep tradition around the world to honor an outgoing Chief Justice with a citation – a ceremonial recognition of his service, leadership and dedication to uphold the integrity of the judiciary. However, traditions, like institutions, are based on the merits of those who embody them, he added.

“Instead of standing as a bulwark against interference, he (CJP Isa) has thrown the gates wide, betraying the sacred role of the judiciary as a check and balance of power,” Justice Shah said, adding that the outgoing CJP had shown no courage , no morality. the force to defend justice, rather gave way to those who sought to weaken the courts for their own gain, thus compromising the very foundation of the rule of law.

“His (CJP Isa’s) actions showed a flagrant disregard for collegiality and respect essential to the maintenance of judicial harmony,” he lamented, adding that as a model of righteousness, Justice Isa has 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 shamelessly suggested that they may not be implemented by the executive,” observed Justice Shah.

“His tenure will be defined by pettiness, revenge and a humble approach to administrative matters without grace or humility.”

The letter went on to say that earlier, when former CJP Saqib Nisar overstepped the bounds of his constitutional role and ventured into matters beyond his jurisdiction, he had taken a decision not to attend his reference.

“Today, I feel compelled to make the same decision, albeit for different but more troubling reasons,” Justice Shah said.

“The proper role of a CJ is to protect the rights of all people, to defend the independence of the judiciary and to ensure justice for all. CJP Isa, like an ostrich with his head in the sand, remained complacent and indifferent to external influences and pressures on the judiciary.”

“Making a reference and celebrating such a mandate would send a message that a Chief Justice can betray his institution, erode its power, act mean and vile and still be celebrated as an honorable servant of justice. I’m sorry, I in good conscience cannot sit on a reference for such a Chief Justice. Copies of the referral have also been sent to other judges.”

The trichotomy of power

Addressing the event, CJP appointee Yahya Afridi outlined the agenda for its future chief arbitrator, stressing the importance of maintaining the rule of law and respecting the trichotomy of power, a crucial aspect of the country’s constitutional framework.

Justice Afridi said that immediate attention would be given to the facilitation of women, children and the disabled. He emphasized the need to improve the justice delivery process through automation, promotion of alternative dispute resolution, improved case management and human resource development.

Justice Afridi assured that the bar’s grievances would be redressed expeditiously and invited Supreme Court Bar President Shahzad Shaukat to meet him in his chamber on Monday to discuss the issues facing the bar so that it could be passed an appropriate order.

On a lighter note, Justice Afridi said the judges will miss the outgoing CJP’s pleasant sense of humor and the bluntness that kept them on their toes. He shared personal experiences, describing Judge Isa as a kind and caring person.

“For some, it might sound strange. But let me share with you that if you meet, meet and defeat Justice Isa with a smile and humility, he will respond with gentleness, politeness and care and leave you amazed if not shocked.

“But remember, if you in any way provoke him as I might say, ‘push the bear,’ then even hell will not match his fury, and then only God can help and save you.”

Address of Judge Isa

In his speech, Justice Faez Isa expressed his gratitude to former CJP Iftikhar Chaudhry for his appointment as Chief Justice of the Balochistan High Court and reflected fondly on the challenges and achievements of his legal career.

CJP Isa shared poignant memories of his early life, including the loss of his father at the age of 16. He said his grandmother, despite being uneducated, made sure her children received the best possible education. He credited his mother for unwavering support, saying she insisted he finish his degree before pursuing a career in law.

Justice Isa acknowledged the critical role his wife played in his life, saying no decision was taken without his wife’s consent.

The outgoing CJP also emphasized his commitment to environmental protection, recounting a conversation with his niece about the demolition of a restaurant on the Margalla Hills. “My niece Safia told me that it is a home for birds and animals and that it deserves our care,” he said.

The CSBA President emphasized that the beauty and greatness of the Supreme Court lies in its unity and graceful traditions, urging all judges to unite and work harmoniously for the greater good of the country.

Shortly after the referral, Judge Isa inaugurated a memorial for fundamental and human rights in the premises of the Supreme Court, a project initiated by him.

Published in Dawn, October 26, 2024