Daily Times

Justice Mansoor Ali Shah has stated in a letter to Supreme Court Registrar that he won’t attend the farewell reference for the outgoing Chief Justice Qazi Faez Isa.

The senior puisne judge, who would have become the CJP had the 26th Amendment not been in place, also skipped the full court reference in honour of outgoing CJP Isa. Justice Shah explains that it is universal custom to hold a farewell event to acknowledge the departing Chief Justice’s contributions. Traditions within institutions, he noted, rely on the merits of individuals.

In his letter, Justice Shah explained that he decided against attending ex-CJP Saqib Nisar’s reference because ‘he had exceeded the limits of his constitutional role.’ He had previously explained his decision to skip Justice Saqib Nisar’s farewell reference in a letter dated January 17, 2019. He reiterated that he would also not be attending Chief Justice Qazi Faez Isa’s reference.

Justice Mansoor Ali Shah cited his reasons for not attending Chief Justice Qazi Faez Isa’s farewell event, adding that he found these reasons particularly troubling and felt compelled to stay away from Justice Isa’s reference.

He explained that the Chief Justice’s role is to protect the rights of the people, uphold judicial independence, and ensure justice for all.

In his letter, Justice Shah expressed that Chief Justice Isa has, ‘like an ostrich with its head in the sand, ignored external influences and pressures on the judiciary and has opened the doors to interference.’

According to him, ‘Justice Isa failed to maintain checks and balances and did not show the courage to defend the judiciary, thereby giving ground to forces that seek to weaken it.’

Justice Shah further wrote that ‘Chief Justice Isa failed to establish necessary respect for judicial harmony and tolerance, alleging that he engaged in complicity that interfered with the judiciary.’ He added that the ‘Chief Justice showed no regard or respect for judicial decisions.’ He remarked in the letter that the ‘Chief Justice disgracefully suggested that rulings need not be implemented. Justice Isa sowed divisions among his fellow judges, which would have long-lasting impacts on the judiciary.’

Justice Shah concluded by stating that attending the full-court reference and celebrating this era would send a message ‘that the Chief Justice could degrade the institution and still be regarded as an honourable servant to the judiciary.’

He emphasised that he would not participate in a reference for such a Chief Justice. Meanwhile, the Supreme Court on Friday held a full court reference to bid outgoing CJP Isa farewell, where senior lawyers 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 today (Saturday). Justice Munib Akhtar, Justice Ayesha Malik, Justice Shahid Waheed, Justice Athar Minallah and Justice Malik Shehzad also chose to skip the full court reference.

A total of 16 judges, including two ad-hoc and two of the Shariat Appellate Bench, attended the event. Among the 16 judges were Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, and Shahid Waheed. Justice Isa’s family, including his wife Sarina Isa, was also present at the full court reference.

AGP Mansoor Usman Awan, PBC Vice-Chairman Farooq H. Naek, and SCBA President Shahzad Shaukat spoke on the occasion, recalling highlights of Justice Isa’s tenure. Speaking at the rostrum, AGP Awan said the CJP had remained steadfast on the principles of the Constitution, law, democracy and accountability. The attorney-general added that the CJP had an important role in the February 8 general elections as he “united all stakeholders”. 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”. 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.” Justice Afridi added that addressing these districts would be his “first priority”.

“Immediate attention will be rendered on facilitating attendances and cases of women, children and the disabled. Finally, improving the justice delivery process – be it automation, alternative dispute resolution, better case management, or human resource development – […] this is a herculean task.”

The CJP-to-be stressed that it required “planning from our side and patience from your side”.

Offering a final formal farewell to Justice Isa, he said: “With the fondest of memories and every good wish, I on behalf of my colleagues bid farewell to our very dear friend, illustrious colleague, and our distinguished chief justice Qazi Faez Isa.” Justice Afridi also mentioned CJP Isa’s wife Sarina Isa, daughter Seher Isa, and his three grandchildren: “May Allah Almighty bless you and your family.” At the outset of his speech, Justice Isa thanked all those who came to attend the event. Justice Isa also expressed his gratitude to the then-CJP Iftikhar Mohammad Chaudhry who chose him as the Balochistan High Court chief justice. He recalled that there was a Constitutional crisis as the BHC was “dysfunctional” at the time he joined it.

During his speech, CJP Isa highlighted the importance of judges, noting that they have to “determine what is truth and what is false”. “It is possible that we have made limitless wrong judgements as […] we work according to the paper and the law.” He recounted that he acquired his early education in Balochistan and higher from Karachi. The outgoing top judge mentioned his father and grandfather, highlighting that his paternal grandmother made sure to provide her sons with quality education.

“My relation with my wife and this profession is of an equivalent period of 42 years,” he remarked. “My wife was behind a lot of the work that people give me credit for. She only had two conditions: her name not be taken and she would not take any renumeration.

“A lot of things in public areas, such as improving parks, making forms, and designing stationery and websites, she helped in a lot of things,” he noted.

Referring to his order to shut down eateries located at Islamabad’s Margalla Hills, Justice Isa recalled that her granddaughter told him her friends were upset about it but she replied to them that “God has created animals as well and we have to take care of them as well”.

“Environment is a very important topic and we all should pay attention to it and learn from our children. […] If the environment no longer remains liveable, it will become difficult not just for animals and birds to live but also for humans,” the judge warned. Concluding his address, he quipped: “A few hours are remaining in freedom.”