Daily Times

Senior Puisne Judge of the Supreme Court Justice Qazi Faez Isa on Monday reassured the people by emphasizing the commitment of the apex court judges to uphold the Constitution of the Islamic Republic of Pakistan in order to safegaurd principles of democracy and constitutionalism in the country.

Speaking at a convention in connection with the Golden Jubilee celebrations of the 1973 Constitution, he said:”Let me assure you on behalf of my institution that the apex court stands with this sacred document of the Constitution. After the blessings of Allah Almighty, we have the blessings of the Constitution, and it is recognized by all of us.”

He stated that the Constitution had been passed unanimously by the elected representatives at that time, with no negative votes except for four absentees. He urged everyone to acknowledge and understand the sacred document of the Constitution, and to implement it in its true spirit. He also shared details about his induction as a judge of the Balochistan High Court (BHC) and highlighted the contributions of his late father, Qazi Muhammad Isa, who was a leader of the Pakistan Movement. The bureaucracy, judiciary, and Parliament existed to serve and facilitate the people. The judiciary had the responsibility to decide cases in accordance with the Constitution, while the bureaucracy must implement laws that were beneficial for the people, and the Parliament should enact legislation for the welfare of the people.

He emphasized that the Constitution guaranteed fundamental rights to the people, and it was distinct due to the articles related to the right to information, freedom of the press, and other important rights. The Constitution had given unprecedented power to the people, he added.

He further stated: “I shall protect and defend the Constitution of Pakistan. As a judge, I will decide cases on their merit, and there will be no favor or opposition to anyone.” He also lauded the Prime Minister for declaring April 10th as the Day of the Constitution.

During the speech, Justice Isa expressed his gratitude at being invited, saying that the “other judges were perhaps busy and could not attend”. He, however, stressed that he did not agree with the political matters stated by the earlier speakers. The spokesperson for the NA secretariat later told a private TV channel that all the top court judges were invited for today’s event but they neither attended, nor gave a reason for it.

At the outset of his speech, Justice Isa clarified that he was not here to make a political speech but to say “on behalf of myself and my institution that we stand with this book (the Constitution).” As he made the remarks, which were met with thumping of desks by the participants, Justice Isa also held up a copy of the Constitution.

“This book is our identity, Pakistan’s identity. The elected representatives of the time unanimously voted on it, there was no negative vote. There were four abstentions I think.” Justice Isa called for recognising the importance of the Constitution. He said that all the participants of the convention were politicians who looked at matters through a particular lens but he was a lawyer who looked at matters through the lens of the law. Recalling his time as chief justice of Balochistan High Court (BHC), Justice Isa said he was at first hesitant to take up the mantle but strived hard to set up the high court and appoint judges. “Sometimes we don’t hate our enemies as much as we hate each other. Why is that? Us and you, you as in parliament, and the bureaucracy should have one focus: serving the people.

“Our job is to make decisions swiftly according to the law and the Constitution. Your job is to make laws which are beneficial for the people. And the job of the executive is to implement the laws and the policies made by the government of the time.” Gesturing towards NA Speaker Raja Pervez Ashrad, he said that he had asked prior to attending gathering if political matters would be talked about. “But you assured me that only constitutional matters would be talked about. But a lot of political things were talked about,” he said with a laugh. “It is their freedom of right given by the Constitution. So I don’t say anything to them but that does not mean I agree with them. I want to make this clear. Perhaps, tomorrow cases of these people will [be heard] and decisions will be taken against them and maybe they will talk against me so I just want to make it clear that I came [for the] golden jubilee of the Constitution. This is a celebration.”

Justice Isa said that the movement for the formation of a separate homeland for Muslims started off with a “dream” that Quaid-i-Azam and Allama Muhammad Iqbal had which later became a political movement. “And in the whole world, the whole world, the biggest country for Muslims came into being. But now I am ashamed to say that Pakistan no longer has this privilege, it is now with Indonesia.” He said that Maulvi Tamizuddin Khan, president of the first Constituent Assembly of Pakistan, was dismissed by a bureaucrat who formed a cabinet of ministers. Justice Isa said that Maulvi Tamizuddin challenged his dismissal in the Chief Court of Sindh, following which the judges at the time, including Chief Justice Constantine, restored the assembly. “Unfortunately, this was challenged in the Federal Court of the time and the decision was overturned.