• Deplores the tendency of abusing, scandalising the judiciary
• Says improving case management system remains key aim

ISLAMABAD: Amidst speculations about a constitutional package on the judiciary being worked out, Chief Justice of Pakis­tan (CJP) Qazi Faez Isa on Monday sent a loud and clear affirmation of not being inclined to any extension to his term, though the tenure of other judges could be enhanced.

Responding to a statement of PML-N leader Rana Sanaullah that the CJP was ready for enhancing his tenure if the term of other judges were also increased, CJP Isa rec­a­lled how a recent meeting also attended by Jus­t­ice Syed Mansoor Ali Shah, Attorney General for Pakistan Mansoor Usman Awan and Law Minister Azam Nazeer Tarar had been informed that the government int­ends to increase the tenure of all the chief justices.

Rumours are making the rounds that the government is bringing a constitutional package to amend Article 179 of the Constitution for enhancing the retirement age of the chief justices.

“I had suggested at the meeting then that the government may enhance the tenure of other judges, but I will not accept any extension to my tenure only,” the CJP said, recalling that Rana Sanaullah was not part of that meeting.

“I don’t even have a slightest idea that I will be alive tomorrow,” the CJP observed during an informal chat with a group of reporters soon after a ceremony that was organised to celebrate the advent of new judicial year at the Supreme Court building.

The ceremony is a regular feature to mark achie­vements of and challenges facing the judiciary.

When his attention was drawn to the suo motu hearing on a March 25 joint letter written to the Supreme Judicial Council by six judges of the Islamabad High Court complaining about spy agencies’ meddling in judicial affairs, the CJP said the case has to be fixed by the three-judge committee constituted under the Practice and Procedure Act. He, however, explained that since Justice Musarrat Hilali was indisposed, hearing by the six-judge bench could not be fixed.

When asked about the challenges for the next judicial year, the CJP said that bringing improvement to the case management system was one of the biggest aim, adding that there were a lot of things to be done.

Full court reference

Speaking at the full court reference inside the Courtroom No.1, the CJP said that judiciary was here to serve people who want early dispensation of their cases.

Though the ceremony was also attended by members of the Shariat Appellate bench namely Dr Khalid Masood and Dr Qibla Ayaz, Justice Syed Mansoor Ali Shah and Justice Muneeb Akhtar did not attend.

Presently, Justice Shah is in the United States and likely to return home on Sept 12 and may resume court proceedings on Sept 16. However, the reason for the absence of Justice Akhtar is not known.

The CJP regretted the tendency of abusing and scandalising the judiciary and mentioned that he had never initiated any contempt proceedings against any slur targeted at him though court judgements can be criticised but in a temperate language.

“We believe in free speech also conceding it was the job of the parliament to make laws and the judiciary can only interpret it but it was also court’s constitutional obligation to strike down a law if it tramples the fundamental rights of the people.

“It does not go well to seek accountability of others but disregard transparency in our own institution, which also gives rise to doubts to the intention of our decisions,” the CJP said and mentioned how an apex court judge was dismissed on misconduct for the first time in history after an open hearing.

The CJP pointed out that the practice of foretelling the outcome of cases, as was done in the past by just looking at the composition of the benches, has gone and now no one can predict what will become of the cases.

“I cannot even suggest which judge will sit with me in the bench to hear a case,” the CJP said and referred to direct access to court proceedings by airing public interest cases live — a development that helps highlight the court’s performance before the public. Before this, people only knew what TV channels or YouTubers used to report, he added.

Attending to criticism of three-month annual vacations, the CJP said he had reduced the vacation from three to two months, adding that despite holidays different benches continue hearing the cases.

Achievements

Reflecting upon different achievements, CJP Isa observed that he had returned the 3,000CC Mercedes Benz meant for chief justices as well as the bullet-proof Land Cruiser parked at the Lahore Registry with a request to the government to sell off these vehicles and buy vehicles for the use of general public. “We have no issue having Toyotas or Honda Civics for our drive,” he said, adding that though the CJP is called first among the equals, it does not mean he should be travelling in Mercedes cars.

The Supreme Court also restricted to one basic salary instead of three gross salaries in a year as bonus and by saving the heavy amount, the administration had purchased 131 computers, motorcycles for the dispatch riders, coasters and buses and two electric vehicles for protocol duties, the CJP said, adding, “we also distributed Rs25,000 each even to the staff of other organisations performing duties in the Supreme Court building like police personnel, medical staff and PWD workers”.

Call for reforms

Pakistan Bar Council Vice Chairman Farooq H. Naek emphasised the need for bringing reforms to the use of contempt laws to align them with free speech and democratic principles. While it is crucial to protect the judiciary’s dignity, these laws should not suppress legitimate criticism, he said, adding that a constructive dialogue within the legal community could help refine these laws.

Published in Dawn, September 10th, 2024