- Qazi Faez Isa is a competent and upright judge
“The construct of judicial system is pillared on the assumption that every judge besides being fair and impartial is fiercely independent and is free to uphold his judicial view. This judicial freedom is foundational to the concept of Rule of Law.” “The concept of Independence of the Judiciary recognizes that the security of tenure of Judges is a critical pre-condition for such independence.” “Every Judge is free to decide matters before him in accordance with his assessment of the facts and his understanding of the law without improper influences, inducements or pressures direct or indirect, from any quarter or for any reason.” “Our history is full of various occasions when the most celebrated personalities paid respect to the judicial system while facing accountability which further paved honour to our prestigious system while showing grace being unprecedented.”
The aforesaid words have been enshrined in our system as the dictum laid down by the superior courts of Pakistan at various points whilst deciding different cases before them. The observations made focusing on the need for an impartial judicial system and consistently stressing on the need for an independent judiciary are the cornerstone of the judicial approach towards its impartiality in Pakistan.
Mr Justice Qazi Faeez Isa, continues to be an upright, bold, brave and independent judge and the reference filed by the government seems to be a veiled attack on him which should and will be fiercely resisted by the legal fraternity
Time and again, the honorable judges have held the significance of ‘independence’ when it comes to judicial determination of a matter, and rightly so. The edifice on which the entire judicature stands, traces its foundations to impartiality and independence generating public confidence. Mr Justice Mansoor Ali Shah, correctly, observed; any effort to muffle disagreement or to silence dissent or to dampen an alternative viewpoint of a member on the bench, would shake the foundations of a free and impartial justice system, thereby eroding the public confidence. True to its core, the observation highlights the pivotal aspect of the strength of a judge; his freedom to render decisions.
Any coercion pointed towards a judge would be tantamount to hijacking the system effectively, rendering the judicial system impotent. Be that as it may, the Supreme Court of Pakistan has been lucky on very few occasions where a bold, competent and upright man dons the robes and takes a seat on the bench. Mr Justice Qazi Faez Isa, is one of those few members currently at the bench who is undoubtedly known for his impeccable impartiality, independence and strong adherence to professional ethics. As discovered by some, he appears to be probably the only member of the bench who would fiercely resist even the slightest of unconstitutional moves made.
In the past few days, speculation has been rife with the unconfirmed reports at first, settling down as true about references been filed before the Supreme Judicial Council (SJC) against Mr Justice Qazi Faez Isa of the Supreme Court and Mr Justice K.K Agha of the Sindh High Court. Notices to the government have been issued and the matter has been listed for hearing before the SJC on 14 June.
Despite having mocked the previous governments for not respecting the judiciary and attacking them occasionally, the PTI government has taken a turn toward a doomed fate, the path along which is extremely dangerous and treads upon the thin fine boundaries of the Constitution. For the sake of clarity, the government is well within its constitutional rights to file a reference against any judge of the superior judiciary. Accountability of the judiciary is paramount and must be undertaken diligently, no questioning that.
But when the idea of silencing dissent creeps its way up and is unveiled under the garb of lawful measures, then certain eyebrows are indeed raised and problems are bound to arise. Not quite long ago, Mr Justice Isa authored the infamous Faizabad judgement wherein he took strong exception to the role played by a number of state institutions along with reprimanding the PTI’s earlier dharna too. It appears that the incumbent government could not digest the strong words used against it. Having filed a review, the government has moved a step ahead and has targeted the judge who uttered the said words.
Yes, the talk of accountability and declaration of assets would take precedence, or so it seems. However, as co-incidental as it may be, it is quite compelling to see Mr Justice Isa being the target one way or the other, immediately following a tirade against state institutions. During the course of proceedings of the Faizabad case, another constitutional petition challenging Justice Isa’s appointment saw the light of the day too, but was subsequently dismissed being meritless. A warning shot?
A few months down the road, the Faizabad judgement is out and so is the reference against Mr Justice Isa, seeking his removal. Due to the limitations created in contempt laws and to preserve the integrity of the institution as a whole, we refrain from commenting on judges of the superior courts of Pakistan and no criticism on their individual self is neither made nor tolerated. Otherwise, there are a number of judges currently fluttering around in robes who shouldn’t even be let near the door of a courtroom, let alone be allowed to preside over it. As the Supreme Court observed in the ‘Al-Jehad Trust’ case, the independence of judiciary is foremost; however, pre-dominantly the appointment of judges who are competent and fit to be seated at the bench is paramount.
If a comparison is drawn, dozens of incumbent judges would fall way short of Mr Justice Isa for a number of reasons with incompetence being at the forefront. Since self-accountability seems to be the talk of the day, then the number of judges who consistently render incorrect decisions or even those who have failed to author a judgement in years should be taken to task first.
Mr Justice Qazi Faeez Isa, continues to be an upright, bold, brave and independent judge and the reference filed by the government seems to be a veiled attack on him which should and will be fiercely resisted by the legal fraternity. No one is above the law. Hopefully, the veil will be lifted, at least in the eyes of the SJC and the attack will be repelled.