CJP Isa Rejects ‘Individual Specific’ Legislation on Judges’ Tenure

CJP Isa

ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa has clarified that he would not accept any “individual specific” proposal regarding fixing the tenure of the country’s top judge. His recent off-the-record conversation with journalists was, according to him, misinterpreted and reported inaccurately, prompting him to provide clarification.

The controversy began when reports emerged claiming that CJP Isa, who is set to retire in October this year, had categorically rejected the idea of extending his tenure. However, it was also suggested that he was open to the possibility of the government extending the tenure of other judges.

These reports coincided with rumors that the coalition government was contemplating judiciary-centric legislation in parliament to extend the tenure of the Chief Justice.

To address the confusion, the CJP’s Secretary, Muhammad Mushtaq Ahmad, issued a statement clarifying what transpired. He explained that CJP Isa had spoken to journalists following the commencement of an event marking the judicial year.

Despite informing them that the conversation was off the record, his remarks were misinterpreted and widely disseminated. Therefore, it became necessary to provide an accurate account of what was said.

According to the secretary’s statement, Law Minister Azam Nazeer Tarar had met with CJP Isa several months ago, proposing the idea of making the position of the Chief Justice of Pakistan a fixed tenure post for three years.

CJP Isa responded that if the proposal was specific to his case and enacted, he would not accept it. This meeting was also attended by the Senior Puisne Judge, Justice Mansoor Ali Shah, and Attorney-General Mansoor Usman Awan.

Additionally, during this discussion, the law minister mentioned the possibility of incorporating the parliamentary committee’s role and the Judicial Commission into one body, given that the committee’s role had been diminished.

CJP Isa remarked that it was within parliament’s authority to decide on such matters, but he hoped that those opposing the government would not be excluded from the process. Since then, the law minister has not met with the CJP privately, nor has he discussed any related matters.

The statement also addressed a follow-up question regarding a comment by Adviser to the Prime Minister on Political and Public Affairs, Rana Sanaullah, about extending judges’ tenure. CJP Isa clarified that he had not met with Rana Sanaullah and did not know what he had said. Thus, any questions on this matter should be directed to Sanaullah himself.

Moreover, the CJP was asked about a recently proposed bill that seeks to increase the number of apex court judges to reduce case backlogs. He responded that it would be more effective to first fill the already vacant positions.

The CJP secretary expressed regret over the sensationalism created by inaccurately reporting an off-the-record conversation, emphasizing that undue focus on individuals detracts from the more important task of strengthening institutions to serve the public.

Earlier this month, Law Minister Tarar dismissed rumors about an extension for CJP Isa, stating that the top judge had no interest in prolonging his tenure.

Legal experts also highlighted that there is no constitutional provision for extending the CJP’s term without a constitutional amendment, which would require a two-thirds majority in both houses of parliament—a significant hurdle given recent political developments.

The speculation around CJP Isa’s potential extension gained traction after the PTI called for an early notification of the next Chief Justice of Pakistan.