The Supreme Court on Friday held a full court reference to bid outgoing Chief Justice of Pakistan (CJP) Qazi Faez Isa farewell, where lawyers and fellow judges recounted his tenure’s highlights.
Justice Isa was sworn in as the 29th CJP on Sept 17, 2023 at a symbolic ceremony, where his wife Sarina Isa was standing beside him as he read out the oath.
Justice Yahya Afridi, who was nominated by a newly formed Special Parliamentary Committee (SPC), is set to take oath as the next CJP tomorrow (Saturday).
The full court reference was live-streamed on the Supreme Court’s website and its YouTube channel.
Senior puisne judge Justice Mansoor Ali Shah, who would have become the CJP had the 26th Amendment not been in place, was unable to attend the gathering as he was gone for Umrah along with his family.
The seats next to the CJP — usually occupied by Justice Shah and Justice Munib Akhtar — were seen taken by Justice Afridi and Justice Aminuddin Khan instead due to their absence.
Justices Ayesha Malik, Athar Minallah and Malik Shahzad Ahmad Khan were also not present at the occasion.
According to a Dawn.com correspondent present at the SC, a total of 16 judges, including two ad-hoc and two of the Federal Shariat Court, attended the event. Among the 16 judges were also Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, and Shahid Waheed.
Attorney-General for Pakistan (AGP) Mansoor Usman Awan, Pakistan Bar Council (PBC) Vice-Chairman Farooq H. Naek, and Supreme Court Bar Association (SCBA) President Shahzad Shaukat spoke on the occasion.
After attending the full court reference, CJP Isa will also attend a luncheon reception being hosted by CJP-designate Justice Afridi on the apex court’s premises.
Justice Afridi highlights Isa’s ‘humility, wrath’
In his speech, CJP-designate Afridi described Justice Isa as a “good, hearing human being” but also warned of his “fury”.
Justice Afridi said: “If you meet, greet and treat Justice Faez Isa with a smile and humility, he will reciprocate with such gentle softness, likeness and care that it will leave you astonished […].
“But mind you, if you in any way provoke him, or if I may say so poke the bear, then even hell hath no fury to match his scorn and only God may help and save you,” he added.
“I have faced such wrath of this bear many times. The experience was not pleasant,” he recalled, stressing that he also “learned a lot” while sharing a bench with Justice Isa.
The incoming chief justice said he had “mixed feelings” about bidding his predecessor farewell as he would “surely miss your sense of humour and abruptness” but also was glad that he was leaving in good health to enjoy his time ahead.
Justice Afridi praised the outgoing top judge for cases pertaining to women’s rights, highlighting that Justice Isa “would leave no bounds to ensure the preservation of their rights and that with the full might of the court”.
He also complimented the CJP as he “openly admitted” that he required the assistance of a worthy counsel instead of feeling shy to express it.
“I often felt sorry for those who crossed the roster and at times had to salvage them from total devastation but as the clock ticked past the half-hour, the mood would change we would have a compassionate listening judge, who sat through the day till the last case on the cause list was heard and decided.”
Justice Afridi noted that he and Isa had “differences but he was always ready to hear my point of view and open to persuasion — a characteristic which very few possess”.
The judge went on to announce that the farewell lunch hosted today in honour of Justice Isa was not at the government’s expense. In a humourous tone, he said: “He has been cruel; he has imposed the entire expense on me. However, I have requested my brother judges to share the brunt.
“We wanted to host a lunch for Qazi sahib but he was adamantly, stubbornly… he was in no mood to accept it. Finally, when we said we going to commit ourselves, he agreed.”
Justice Isa had already declined a dinner arranged by the SC at government expense, saying the dinner would have cost the nation Rs2 million.
‘Focus on furtherest districts’
Justice Afridi also took the opportunity to indicate his priorities and principles according to which he would guide the apex court as its chief justice.
“As for what lies ahead, let me assure all that with the blessings of Allah Almighty, for the citizens of Pakistan, rule of law shall rule; principles of trichotomy of power shall prevail; dignity of a judge and majesty of a court shall be strictly ensured, be it a civil judge sitting in Buni, Chitral or my brother judge sitting next to me today; [and] the grievances of the bars shall be immediately attended to,” he said.
The CJP-designate emphasised: “Immediate focus would have to be extended to the furtherest districts: Jiwani in Balochistan, Tank in Khyber Pakhtunkhwa, Ghotki in Sindh and Sadiqabad in Punjab.”
He went on to explain that the provincial capitals of Peshawar, Lahore, Karachi and Quetta had the “immediate attention” of the high courts and the government. “It is these furtherest districts that deserve our attention and the best of the best judges should go because they deserve more than anyone else.”
Justice Afridi added that addressing these districts would be his “first priority”.
More to follow