Judicial waters are getting choppy in wake of CJP Qazi Faez Isa’s comments on the role of generals and bureaucrats
ISLAMABAD: The judiciary is experiencing turbulence following Chief Justice of Pakistan (CJP) Qazi Faez Isa’s remarks about the role of generals and bureaucrats in governing the country. His comments have ignited a debate over the proposed judicial package, which includes raising the retirement age for superior court judges.
Although the government faced no immediate backlash following the July 12 majority judgment on reserved seats, the Supreme Court’s decision to recognize the Pakistan Tehreek-e-Insaf (PTI) as a parliamentary party and eligible for reserved seats has provoked strong reactions from ruling political factions and influential circles. Senior legal experts believe that this decision has dampened the government’s prospects of achieving a two-thirds majority in parliament, which is necessary to pass the judicial package through a constitutional amendment. Even within the judiciary, there is noticeable discomfort with the ruling.
CJP Isa’s recent assertion that “generals and bureaucrats are running the country’s affairs” could further antagonize these powerful circles. Some political analysts speculate that Isa, aware of his impending retirement, is making these provocative statements to solidify his legacy. The current government may therefore be motivated to retain Isa to ensure continuity within the system. A cabinet member disclosed to The Express Tribune that the government currently lacks the two-thirds majority required in the Senate, complicating efforts to pursue a constitutional amendment.
The same source mentioned that since CJP Isa has declared he will retire in October without seeking an extension, the majority is expected to align with the future chief justice’s stance on the reserved seats verdict. However, a senior lawyer suggested that influential circles might maneuver to secure the necessary votes in the Senate for the constitutional amendment, raising questions about the security establishment’s true stance on the judicial package. One faction within the government is advising leaders to build a positive relationship with future chief justices and has urged PML-N leaders to avoid criticism of Justice Syed Mansoor Ali Shah.
A lawyer emphasized that if the government aims to maintain its tough stance towards PTI, retaining CJP Isa in office is crucial, noting that PML-N needs an ‘anti-PTI’ chief justice at this juncture. Furthermore, CJP Isa has demonstrated a willingness to challenge the security establishment, reminiscent of his stance before becoming chief justice. Justice Syed Mansoor Ali Shah has already criticized the avoidance of implementing the Supreme Court’s judgment on reserved seats as unconstitutional. Interestingly, the most significant obstacles appear to be coming from within the judiciary itself rather than from external forces.
Former additional attorney general Tariq Mahmood Khokhar noted that the established order views CJP Isa as a crucial ally against PTI, making any extension of his tenure highly significant. “In my opinion, the option of extending the CJP’s term remains on the table and is likely to continue,” Khokhar added. Presidential candidate for the Supreme Court Bar Association (SCBA) elections, Muneer Kakar, expressed dissatisfaction with CJP Isa’s conduct. He lamented that while Balochistan lawyers had supported him during challenging times, they were disappointed with his handling of civil liberties issues.
“We, as Balochistan lawyers, are ashamed of the conduct of Balochistan judges, particularly Javed Iqbal, Iftikhar Muhammad Chaudhry, and the current CJP Isa.” Kakar called for the government to issue a notification appointing Justice Shah as the next chief justice to resolve the ongoing conflict over the judicial package.
#CJPIsa, #JudicialReform, #GeneralsAndBureaucrats, #JudicialPackage, #RetirementAge, #PTI, #ReservedSeats, #GovernmentTensions, #SenateMajority, #JudicialDebate, #ConstitutionalAmendment, #JudiciaryConflict, #SecurityEstablishment, #FutureChiefJustice, #SCBAElections,
