Tag: Justice Qazi Faez Isa

  • Law Minister rejects reports of extension for CJP Qazi Faez Isa

    Law Minister rejects reports of extension for CJP Qazi Faez Isa

    Federal Law Minister Azam Nazeer Tarar has said that the next Chief Justice of Pakistan (CJP) will be appointed on seniority basis, rejecting rumors that Qazi Faez Isa might get an extension in his tenure.

    Speaking on the Geo News programme Aaj Shahzeb Khanzada Kay Sath, he said, “Seniority will be of paramount importance in appointing a new chief justice. The senior-most judge will be the chief justice.”

    He also said that ordinary legislation cannot bypass the appointment of the CJP, as enshrined in Article 175-A(3) of the constitution.

    Tarar further stated that the top judge will retire on October 25, 2024, and has “no interest” in getting an extension. Senior Justice Mansoor Ali Shah will replace Qazi Faez Isa as CJP.

  • Court reserves verdict on Practice and Procedure Act 2023

    Court reserves verdict on Practice and Procedure Act 2023

    The Supreme Court (SC) has reserved its decision on petitions that challenge the 2023 SC (Practice and Procedure) Act, which restricts the authority of the Chief Justice of Pakistan.

    Chief Justice of Pakistan (CJP) Qazi Faez Isa led the full-court bench consisting of Justice Sardar Tariq Masood, Justice Ijaz Ul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed, and Justice Musarrat Hilali are hearing the case.

    “We will discuss amongst ourselves [now]. If there is a consensus, then we will announce it, otherwise, the decision will be reserved,” Chief Justice of Pakistan (CJP) Qazi Faez Isa said at the end of today’s hearing.

    During the hearing, the CJP emphasised the importance of maintaining a harmonious relationship between the Parliament and the SC.

    “Do not pit the Parliament and Supreme Court against each other,” he remarked, insisting on the idea of “live and let live”.

    “Why do we see each other’s institutions negatively? Why can’t it be said that one institution legislated for the betterment of another?” CJP Isa questioned.

    All the petitioners, including all political parties, concluded their arguments in today’s hearing. The Attorney General of Pakistan (AGP), Mansoor Usman Awan, also gave his arguments today.

  • Justice Qazi Faez Isa will be the next CJP: Arif Alvi approves notification

    Justice Qazi Faez Isa will be the next CJP: Arif Alvi approves notification

    Justice Faez Isa will be the new Chief Justice of Pakistan (CJP) after a notification to that effect has been approved by the President of Pakistan, Arif Alvi.

    Justice Isa will assume the charge as the new Chief Justice on September 17, 2023, after the retirement of current CJP Umar Atta Bandial under Article 179 of the Constitution.

    The current head of the apex court, Justice Umar Atta Bandial, will reach the age of retirement on September 16, 2023.

    President Alvi will administer the oath to Justice Isa, making him the 29th senior judge to take the oath as Chief Justice of Pakistan (CJP).

  • Justice Faez declines invitation to dinner hosted by Chief Justice Bandial

    In an effort to lessen animosity and differences between the superior judiciary, Chief Justice (CJ) Umar Ata Bandial on Monday hosted a dinner for his fellow senior Supreme Court (SC) judges.

    All of the judges of the apex court attended the event except for the next CJ of Pakistan, Justice Qazi Faez Isa.

    Justice Isa, a lawyer said, might have decided not to attend the dinner as the CJP has already reserved his decision on a government’s plea regarding withdrawal of its curative review petition against an apex court order dismissing a presidential reference against the said judge.

    Earlier, a retired chief justice also reportedly tried to resolve the issues between Bandial and Isa but all in vain.

    The SC is divided into two groups with eight judges on one side and seven on the other. Two positions in the Supreme Court have been lying vacant.

    It is pertinent to mention that questions related to the supreme power given to CJP Bandial were raised when he took up election suo moto case despite opposition by many senior judges including Justice Qazi Faez. Since then the rift in the court has been widely speculated upon.

  • ‘I did not chose to sit there’: Justice Faez Isa speaks up on criticism

    ‘I did not chose to sit there’: Justice Faez Isa speaks up on criticism

    Justice Qazi Faez Isa of the Supreme Court has spoken up about why he was present at the National Assembly’s (NA) special session on Monday in honour of the 50 years of the Constitution.

    The future Chief Justice was criticised by certain sections of the political class and legal fraternity for attending the celebration.

    There was much talk on why Justice Isa was seated in the front row in the National Assembly. Issuing a clarification on his presence, speech and seating arrangement, the justice said that he accepted the invitation because he wanted to show solidarity with the Constitution.

    Talking about the backlash he received, Isa said, “I would have preferred to sit in the hall on one side or in the gallery but respect was shown to a member of the judiciary by seating me at the centre; I did not chose to sit there.”

    The justice also said that prior to accepting the invitation, inquires were made as to whether there would be political speeches, and assurances were extended that only the Constitution and its making would be spoken about; the programme sent to him also confirmed this.

    “I had been asked if I would like to speak and I had declined. However, when political statements were made [in a few of the speeches), I requested to speak to correct any misconceptions that may arise, and I did so,” said Justice Isa

    “The Golden Jubilee of the Constitution is a celebration of all citizens; it is not exclusive domain of any political party or institution,” said Justice Isa.

    Justice Faez Isa’s presence in National Assembly triggers heated debate

    Justice Qazi Faez Isa’s presence at the National Assembly triggered a heated debate among politicians, lawmakers and analysts.

    Speaking on the occasion, Justice Isa said — on behalf of the Supreme Court — that the apex court “stood by the Constitution”.

    “After God, we are under the protection of the Constitution,” he said. “As you are experts in politics, the law is my field,” the Justice of the apex court stated, adding, “You can comment and criticise when you deem it right as you have done, and that critique was heard.”

    Holding a booklet of the constitution of Pakistan in his hand, Justice Isa said: “This book is the identity of Pakistan and its people.”

    Emphasising that there was a need to truly cherish the Constitution, “Not because it guarantees my salary, but because it is essential for us and safeguards our rights,” he made is clear that he will speak about the constitution and will not endorse political views.

    However, being seen sitting in the front row along with the politicians belonging to the ruling coalition created stir on social media, where politicians, lawmakers and analysts in equal parts criticised and appreciated his presence in the NA moot.

    https://twitter.com/RealWaqarMaliks/status/1645373259267883009?s=20

    Talking to The News, Supreme Court lawyer Faisal Chaudhry said: “First of all, the issue is that Justice Qazi Faez Isa does not represent the SC; it is always the CJP [who does so]. 

    “And Justice Isa was not nominated by the CJP to represent the SC either. And then it seems other judges opted not to go to the event so it was not a wise decision [for Justice Isa] to go there at such a charged time. And then they made him sit right with all these politicians. The problem is: when you go to political events, it invites political commentary. Why make things controversial?”

    SAPM on Interior and Legal Affairs Attaullah Tarar said, “I don’t understand what this criticism is about. Had he spoken about politics or political parties, they could have criticised him in whatever manner they deemed fit. But here a judge is speaking just about the constitution and is not endorsing any political views.

    Anchorperson Muneeb Farooq while speaking with The News said that he does “not have any objection with regard to Justice Isa’s presence at the convention. It was a day to celebrate and he gave a decent speech [during which] not once but twice he distanced himself by saying he did not subscribe to any of the political speeches being made in parliament.”

  • Govt demands resignation from Chief Justice Bandial

    Govt demands resignation from Chief Justice Bandial

    Federal Minister for Information and Broadcasting Marriyum Aurangzeb, in a press conference on Friday, demanded Chief Justice of Pakistan (CJP) Umar Ata Bandial’s resignation after Justice Athar Minallah’s hard-hitting note that said that the suo motu case of the delay in holding polls in Khyber Pakhtunkhwa and Punjab was dismissed by 4-3.

    Calling the CJP “controversial”, Aurangzeb stated that when the court’s proceedings become controversial with judges of the top court refusing to accept the judgement, how will the people accept the verdict.

    “Justice Minallah’s note is a question mark,” she said.

    Without naming Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, the minister said that it is not acceptable for the government that a breacher of the constitution is facilitated by the judiciary.

    She added that parliament will decide about elections, not Imran Khan.

    It is pertinent to mention that CJP Bandial is set to retire by September this year, after which Justice Qazi Faez Isa will become the new chief justice.

  • PM Shehbaz orders withdrawal of review petitions against Justice Isa

    PM Shehbaz orders withdrawal of review petitions against Justice Isa

    Prime Minister (PM) Shehbaz Sharif on Thursday directed Law Minister Azam Nazir Tarar to withdraw the curative review reference filed against Justice Qazi Faez Isa of the Supreme Court.

    “On my direction, the government has decided to withdraw the Curative Review Petition against senior most Judge of the Supreme Court, Justice Qazi Faez Isa,” tweeted the PM.  

    In a tweet posted today, the PM said that the curative review was based on “ill-will and meant to harass and intimidate the honourable Judge at the behest of Imran Niazi”.

    Separately, in a statement issued by the Prime Minister’s Office (PMO) today, PM Shehbaz said that Justice Isa and his family were “harassed and defamed” in the name of the reference.

    “This was not a reference, but a vendetta by Imran Khan Niazi, a vindictive person, against a fair-minded judge who followed the path of the Constitution and the law,” the statement quoted the PM as saying.

    “Imran Niazi misused the constitutional office of the president for this criminal act and President Arif Alvi became an instrument in the attack on the judiciary and an accomplice to a lie.”

  • PTI says they now respect next Supreme Court Chief Justice Faez Isa who they had taken to court

    PTI says they now respect next Supreme Court Chief Justice Faez Isa who they had taken to court

    Pakistan Tehreek-e-Insaf (PTI) senior leader Fawad Chaudhry has said in an interview that the party respects Justice Qazi Faez Isa who is set to become the next Chief Justice of Pakistan (CJP) later this year.

    In an interview with WE news, he said, “We have a relationship of respect with Justice Faez Isa”, adding that he disapproved the idea of filing a reference against the top judge.

    He said when the current government files a reference against the judiciary, it means they want to put the judges under pressure.

    “The government must allow the judiciary to function independently,” he asserted.

    In 2020, Justice Faez was accused of concealing assets and PTI filed a reference against him. Justice Isa then asked the Supreme Court that a full bench be constituted, a plea that was accepted by then CJP Asif Saeed Khosa and after a months-long trial, a full bench of the apex court dismissed the petition against him.

    Later, Khan himself accepted his mistake of filing a presidential reference against the judge.

    During the interview, Fawad Chaudhry once again said that the former ruling party is ready for talks. He mentioned that the Chief of Army Staff (COAS) General Asim Munir has also talked about the consensus but as of yet no effort has been made.

    Talking about PM Shehbaz, Chaudhry said that he is running from the elections and is being “non-serious”.

    He claimed that “they [government] want martial law in the country”.

  • Supreme Court uploads audio of JCP meeting on its website

    The Supreme Court of Pakistan (SCP) uploaded the audio of the Judicial Commission of Pakistan’s (JCP) meeting on its website.

    The recording was of the letters issued by two JCP members — senior puisne SC judge Justice Qazi Faez Isa and Justice Sardar Tariq Masood — both of whom claimed the meeting had disapproved the nominations of judges, proposed by the Chief Justice of Pakistan, for elevation to the top court.

    Justice Sardar Tariq Masood, in a letter, highlighted the need for putting out factual and correct minutes of the meeting, in which details of observations and discussions of each member should be mentioned.

    “The correct minutes of the meeting, if made publically, will stop needless rumours,” Justice Masood wrote in his two-page letter.

    In a similar letter written to other JCP members, Justice Qazi Faez Isa also highlighted that the acting secretary, who had attended the meeting in the absence of the JCP secretary, should immediately release this decision to the media, which would also stem unnecessary speculation and misreporting, as the meeting was held behind closed doors.

    “In these exceptional circumstances the Hon’ble chairman JCP has been pleased to relax the restriction under Rule 5(4) of the JCP Rules, 2010 and has directed for the audio recording of the JCP proceedings of 28.07.2022 to be made available on the official website of the SCP,” said a statement issued by the apex court.

    The audio recording from time slot 1:29:45 to 1:38:08 contains the statement by Attorney General for Pakistan (AGP) Ashtar Ausaf that the matters under discussion should be deferred to frame appropriate rules. He did not assess or reject the merits of any of the high court judges proposed for appointment to the apex court. As a result, five members of the JCP supported the deferment of the meeting as reported in the press note of Thursday,” the fresh statement said.

    In the audio tape, the AGP can be heard saying “when we talk of seniority, ability, integrity, and temperament, we should also consider whether the appellate courts have appreciated their judgements or overturned them”.

    “While nominating judges we should also consider how much time they will have in the Supreme Court to decide matters,” he said, pointing out that if they had only three years, then it would not be enough.

    Justice Isa, who spoke in the end after the CJP, expressed surprise that while the two senior-most CJs of the high courts could sit in the Supreme Judicial Council (SJC), they were not fit to be elevated to the Supreme Court. “What an irony?” he remarked.

    “What does a CJ of the high court bring to this court? [He] brings experience as a CJ. What I have learnt as CJ, I would never have learned as a judge. It is altogether a different ball game,” he emphasised.

    “We all are equal and can nominate and all of us carry one vote to decide. This is not about winning or losing but a question of the future. You are bypassing chief justices,” said Justice Isa.

    “We will be short of five judges next month and we have 50,000 cases,” the CJP pointed out.

  • Regulate CJ’s powers to constitute benches, say lawyers

    Regulate CJ’s powers to constitute benches, say lawyers

    The legal fraternity on Wednesday demanded the regulation of the exercise of jurisdiction of the Supreme Court (SC), particularly ending the sole discretion of the chief justice of Pakistan (CJP) in the constitution of benches and fixing cases.

    The request was made in a joint meeting of the Supreme Court Bar Association (SCBA) and Pakistan Bar Council (PBC).

    The meeting emphasised its demand that the Judicial Commission of Pakistan (JCP) immediately amends its rules to allow nominations for judicial appointments to be initiated by any member of the Judicial Commission rather than the chief justice alone (which is even otherwise violative of Article 175-A of the Constitution) and, moreover, to frame fair, transparent and objective criteria and procedures to gauge the suitability of prospective appointees.

    Moreover, they demanded that Article 184(3) of the Constitution be amended in order to provide one right of appeal. They asked the federal government to immediately withdraw the curative review filed against Justice Qazi Faez Isa.

    SCBA President Ahsan Bhoon in a press conference said that the appointment of judges to the higher judiciary was not a matter of election, adding that the chief justice of Pakistan and members of the Judicial Commission should strictly adhere to the principle of seniority.

    Govt to withdraw review petition against Justice Qazi Faez Isa

    The federal cabinet on July 27 decided to withdraw the curat­ive review petitions filed against Justice Qazi Faez Isa.

    The cabinet meeting, chaired by Prime Minister (PM) Shehbaz Sharif, observed the action taken against Justice Isa by the Pakistan Thereek-e-Insaf (PTI) government was through “unfair use of authority”.

    An inquiry committee was constituted, which includes Minister for Kashmir Affairs Qamar Zaman Kaira, Minister for National Food Security Tariq Bashir Cheema and Minister for Education Rana Tanveer.

    The committee, after an assessment of the review petitions filed against Justice Isa, would present a report to the cabinet.

    Justice Faez Isa advised CJP not to bulldoze the due process of judges’ appointment

    Justice Qazi Faez Isa advised Chief Justice of Pakistan (CJP) Umar Ata Bandial not to bulldoze the “due process” for the appointment of more than one-third of the total number of judges in the apex court.

    In a letter written to the Judicial Commission of Pakistan (JCP), Justice Isa said that it was surprising that the JCP’s meeting had been convened to consider the appointment of five SC judges during summer vacations. It is pertinent to mention here that JCP is headed by CJP Bandial.

    “When availing of annual leave no meeting of the JCP was scheduled but as soon as I left Pakistan the CJP decided to hold two meetings of the JCP to consider appointments to the Sindh and Lahore High Courts, and now a third unscheduled meeting of the JCP is to be held during the summer vacations of the SC. The summer vacations of the SC were notified by the CJP himself, and then these were gazetted in the Official Gazette. If the CJP renders his own notification utterly meaningless then let him first withdraw it, instead of violating it,” wrote Justice Isa in his letter.

    “It suggests that the CJP does not want me to be physically present, which is illegal and unconstitutional.”

    Justice Isa said that the matter of appointing judges to the superior courts requires utmost care and due deliberation as it is a delicate matter.

    Addressing the CJP, the judge said: “Please do not ridicule the JCP and your nominees by contravening the Constitution. Restricting the JCP to consider only the CJ’s pre-selected nominees is inappropriate. The JCP deserves to be treated with respect and consideration by its chairman.”

    Justice Isa stressed the need that “all appointments must be made in accordance with the Constitution, on the basis of a predetermined and non-discriminatory criteria. And above all without any impression of favouritism. The Constitution does not grant the CJP any powers additional to those of the other members of the JCP; the CJP is only designated as the Chairman of the JCP.”

    JCP meeting underway to discuss CJP Bandial’s five nominees for elevation to SC

    JCP meeting is underway to discuss CJP Bandial’s five nominees for their elevation to Supreme Court. Justice Isa is attending the meeting from Spain and Attorney General for Pakistan Ashtar is participating from the USA.