Pakistan’s Justice Qazi Faez Isa took the oath as the 29th Chief Justice of the country in the capital city of Islamabad on Sunday. The swearing-in ceremony was administered by President Arif Alvi, in the presence of caretaker Prime Minister Anwaarul Haq Kakar and Army Chief Asim Munir.
Who is Pak’s new Chief Justice?
Justice Isa was born in Quetta on October 26, 1959, and he has had a distinguished legal career of 27 years. He enrolled as an Advocate of the Balochistan High Court in 1985 and as an Advocate Supreme Court in 1998. Over nearly three decades of legal career, he practiced before the High Courts of Pakistan, the Federal Shariat Court, and the Supreme Court of Pakistan. He also served as a member of various bar associations.
Justice Isa is known for his meticulously researched, lengthy judgments that draw from a wide range of academic sources. “Despite being assigned relatively fewer cases involving substantial legal and constitutional matters in recent years, he has produced a substantial body of work, although his talents have been underused by three chief justices," according to a Dawn report.
As the new Chief Justice, Justice Isa faces several challenges. According to Pakistani newspaper, there has been criticism of the judiciary’s perceived practice of forming benches consisting of ‘like-minded judges’ for constitutional matters, which has raised concerns about impartiality. On the very first day, he will address the Supreme Court (Practice and Procedure) Act 2023, which involves the formation of benches for constitutional matters by a committee of senior judges. An eight-judge bench, led by the outgoing Chief Justice, suspended the enforcement of this act on April 13.
President Dr. Arif Alvi administered the oath of office to Justice Qazi Faez Isa as Chief Justice of Pakistan, at Aiwan-e-Sadr. pic.twitter.com/YhJCkRIcxO— The President of Pakistan (@PresOfPakistan) September 17, 2023
Challenges Ahead
Perhaps the biggest test for Justice Isa will be the potential involvement of the Supreme Court in controversies surrounding general elections within 90 days of the dissolution of national and provincial assemblies. He will need to maintain working ties with the executive branch.
Earlier in June, Justice Isa decided not to sit on a bench hearing cases on the trial of civilians by the military courts, saying he did not want to violate the suspension of the law. Justice Isa’s previous dissenting judgment against military courts in 2015 highlighted concerns about trying civilians in military courts and the need for effective implementation of the Anti-Terrorism Act, 1997.
With his understanding of the legal dynamics and his experience as the top judge of the Balochistan High Court during sensitive periods of military operations in Balochistan, Justice Isa, according to Dawn, is well-equipped to tackle the challenges ahead, including addressing the backlog of over 56,000 pending cases.
Role of the Judiciary in Pakistan
The role of the judiciary in crisis-marred Pakistan in the recent past has been controversial. The judiciary has been praised for its activism in upholding the rule of law and protecting the fundamental rights of citizens. At the same time, it has been criticised for overstepping its constitutional bounds and interfering in the domain of the executive and legislative branches of government.
The judiciary has also been criticised for its use of the suo motu jurisdiction to take up cases without being approached by the parties involved. This power has been used to intervene in a wide range of issues, including political disputes, government policies, and even social issues. It has also been accused of being biased in favor of certain political groups and individuals.