The recent swearing-in of Justice Qazi Faez Isa as the 29th chief justice of Pakistan (CJP) may have seemed like just another transition of leadership in the judiciary. However, the circumstances surrounding his appointment make it a momentous event. Justice Isa takes the helm of the Supreme Court at a time when the judicial institution appears divided, facing pressing issues that require immediate attention.
One of his initial acts as the CJP was to form a full court to hear challenges to the law that curtails the top judge’s powers. This move of forming a full court reflects the urgency of addressing the division within the Supreme Court. The hearing on this matter is scheduled for today and holds significant implications for the future of the judiciary.
Chief Justice Qazi Faez Isa must prioritise unifying the Supreme Court and dispelling the perception of division. The nation faces uncertainty regarding upcoming elections, and it falls upon the CJP to provide a clear and definitive election date within 90 days, along with ensuring its implementation.
Furthermore, the chief justice must take up the issues related to the restoration of fundamental rights and the trial of civilians in military courts. Eliminating any black sheep from the judiciary and improving the process of appointing judges are additional challenges that demand his attention.
A noteworthy twist of fate was President Arif Alvi administering the oath of office to Justice Qazi Faez Isa, who had previously been the subject of a reference filed against him by the same president. This event serves as a testament to the facts that in Pakistan anything can happen in political and judicial landscapes.
The SC (Practice and Procedure) Act, 2023, which had been suspended earlier, now comes under scrutiny of the full court. The previous chief justice, Umar Ata Bandial, had suspended the law, saying that it needs to be examined whether any constitutional deviations had occurred during its enactment. The petitioners argue that the law was enacted with mala fide intent and should be declared null and void.
It is crucial for the judiciary to maintain its independence and uphold the principles of the Constitution. Chief Justice Qazi Faez Isa’s tenure will be closely watched as he navigates these intricate issues and works towards a more united and effective judicial system. The future of Pakistan’s democracy hinges on his leadership and the decisions he makes in the coming months. *
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