Justice Shah Accuses CJP Isa of Complacency Amid External Judicial Pressures

Justice Shah

ISLAMABAD: Justice Mansoor Ali Shah has launched a pointed criticism of outgoing Chief Justice of Pakistan (CJP) Qazi Faez Isa for what he describes as complacency and indifference to external pressures on the judiciary during his tenure.

This criticism came as Justice Shah chose to skip the full court reference meant to honor CJP Isa, who took his oath as the 29th chief justice on September 17, 2023, in a ceremony attended by his wife, Sarina Isa.

Justice Yahya Afridi, who has been appointed by a Special Parliamentary Committee (SPC), is set to take the oath as the next chief justice on Saturday, marking a significant transition in Pakistan’s judiciary.

In a letter addressed to the Supreme Court Registrar, Justice Shah—who would have become the chief justice had the controversial 26th Amendment not been passed—expressed concern about the lack of a farewell event to recognize CJP Isa’s contributions.

He emphasized that it is a universal custom to hold such events but remarked that the traditions, much like the institutions themselves, depend on the individuals who embody them.

Justice Shah explained his decision not to attend the farewell reference for former CJP Saqib Nisar, stating that it was due to Nisar exceeding the bounds of his constitutional role. He then reiterated his decision to abstain from attending CJP Isa’s farewell reference, citing “more worrying reasons” for his absence.

He articulated the vital role of the chief justice in safeguarding the rights of citizens, maintaining judicial independence, and delivering justice to all. “CJP Isa, like an ostrich with his head in the sand, remained complacent and indifferent to external influences and pressures on the judiciary,” Justice Shah stated.

He accused Isa of failing to act as a bulwark against interference, claiming that he instead facilitated encroachments on the judiciary’s sacred responsibilities as a check and balance on power.

Justice Shah further criticized CJP Isa for lacking the courage and moral strength necessary to defend judicial integrity. He noted that Isa had ceded ground to those aiming to weaken the courts for their own interests, thereby undermining the fundamental principles of the rule of law.

Additionally, Justice Shah commented on the importance of collegiality and respect within the judiciary, asserting that CJP Isa’s actions had displayed a “blatant disregard” for these essential qualities. He accused Isa of fostering divisions among colleagues and failing to engage in constructive dialogue, which is crucial for effective judicial leadership.

In a pointed reference to the July 12 reserved seats verdict, Justice Shah indicated that CJP Isa showed little regard for Supreme Court judgments, stating that he had “contemptuously and unashamedly” suggested that these judgments might not be executed by the Executive.

Earlier, on October 22, CJP Isa issued a detailed minority judgment claiming that the implementation of the July 12 verdict was not binding, given that review petitions were still pending and had not yet been scheduled for a hearing.

Justice Shah concluded by expressing concern that attending a farewell reference for such a tenure would imply that a chief justice could betray his institution, undermine its authority, and still be celebrated as a respectable servant of justice.

As CJP Isa retires, Justice Yahya Afridi will assume the role of chief justice, taking the oath of office in a ceremony at the Aiwan-e-Sadr. President Asif Ali Zardari is set to administer the oath, marking a significant milestone as Justice Afridi becomes the 30th chief justice of Pakistan.

He will serve a fixed three-year term, following his appointment under Articles 175A(3), 177, and 179 of the Constitution, a first in the context of the recently passed 26th Constitutional Amendment. Last week, the ruling coalition successfully navigated contentious judicial reforms through parliament, achieving a two-thirds majority in both houses.