• Justice Shah accuses outgoing CJP of ‘opening doors to interference’; calls him ‘petty’, ‘self-righteous’
• Incoming top judge stresses rule of law, respect for trichotomy of powers; oath today
• Five judges skip farewell reference
ISLAMABAD: Senior puisne judge Justice Syed Mansoor Ali Shah skipped a full court reference held in honour 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 — also did not attend the event, held in Courtroom 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 place his letter of refusal on the record of reference proceedings.
Justice Shah said it was a deeply held tradition across the world to honour an outgoing chief justice with a reference — a ceremonial acknowledgment of their service, leadership and dedication to upholding the judiciary’s integrity. However, traditions, like institutions, rely on the merits of those who embody them, he added.
“Instead of standing as a bulwark against interference, he [CJP Isa] opened the gates wide, betraying the judiciary’s sacred role as a check and balance on power,” Justice Shah alleged, adding that the outgoing CJP showed neither the courage nor the moral fortitude to defend the judiciary, rather ceded ground to those who sought to weaken the courts for their own gain, thereby compromising the very foundation of the rule of law.
“His [CJP Isa] actions have displayed a blatant disregard for the collegiality and respect essential to maintaining judicial harmony,” he regretted, adding that through a pattern of self-righteousness, Justice Isa 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 judgements of this court and has contemptuously and unashamedly suggested that they may not be implemented by the executive,” Justice Shah observed.
“His tenure will be defined by pettiness, vindictiveness, and a lowly approach to administrative matters, having no grace or humility.”
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The letter went on to say that earlier when former CJP Saqib Nisar overstepped the boundaries of his constitutional role and ventured into matters beyond his jurisdiction, he made the decision not to attend his reference.
“Today, I find myself compelled to make the same decision, though for different but more worrying reasons,” Justice Shah said.
“The proper role of a CJ is to safeguard the rights of all people, defend the independence of the judiciary and secure 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.”
“To stand a reference and celebrate such a tenure would send a message that a chief justice can betray his institution, erode its strength, act petty and low, and still be celebrated as an honourable servant of justice. I am sorry, I in good conscience, cannot stand at a reference for such a chief justice. The copies of the reference were also sent to other judges.”
Trichotomy of power
Addressing the event, CJP-designate Yahya Afridi outlined the agenda for his upcoming role as the top adjudicator, emphasising the importance of upholding the rule of law and respecting the trichotomy of power, a crucial aspect of the country’s constitutional framework.
Justice Afridi said immediate attention would be given to facilitating women, children, and people with disabilities. He emphasised the need for improving the justice delivery process through automation, promoting alternative dispute resolution, enhancing case management, and developing human resources.
Justice Afridi assured that the grievances of the bar would be addressed promptly and invited Supreme Court Bar Association President Shahzad Shaukat to meet him in his chamber on Monday to discuss issues faced by the bar so that an appropriate order could be passed.
On a lighter note, Justice Afridi said the judges would miss the outgoing CJP’s pleasant sense of humor and the abruptness that kept them on their toes. He shared personal experiences, describing Justice Isa as a good, caring person.
“To some, it might sound strange. But let me share that if you meet, greet and feat Justice Isa with a smile and humility, he will reciprocate with gentle softness, politeness and care and it will leave you astonished if not shocked.
“But mind you, if you, in any manner, provoke him as if I may say, ‘poke the bear’ then even hell will not match his fury and then only God may help and save you.”
Justice Isa’s address
In his address, Justice Faez Isa expressed gratitude to former CJP Iftikhar Chaudhry for his appointment as chief justice of the Balochistan High Court and fondly reflected on the challenges and achievements of his legal career.
CJP Isa shared poignant memories from his early life, including the loss of his father at the age of 16. He said his grandmother, despite being uneducated, ensured her children received the best education possible. He credited his mother for her unwavering support, saying she insisted he complete his degree before pursuing a career in law.
Justice Isa acknowledged the critical role his wife has played in his life, saying no decision was made without his wife’s will.
The outgoing CJP also underscored his commitment to environmental protection, recounting a conversation with his granddaughter about demolishing a restaurant on the Margalla Hills. “My granddaughter Safia told me that it was a home for birds and animals, and they deserve our care,” he said.
The SCBA president emphasised that the beauty and grandeur of the Supreme Court lies in its unity and graceful traditions, urging all judges to come together and work harmoniously for the greater good of the country.
Soon after the reference, Justice Isa inaugurated a memorial for fundamental and human rights on the Supreme Court premises, a project initiated by him.
Published in Dawn, October 26th, 2024
