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Curtain call
THE controversy surrounding the full-court verdict, where a majority of eight Supreme Court judges favoured restoring PTI as a parliamentary party and granting it reserved seats, continues to simmer.
Chief Justice Qazi Faez Isa, part of the minority in the case, has raised concerns about the legality of the majority’s decision to issue clarifications on queries from the ECP. In his dissenting note, the CJP makes a valid point: once the full court had issued its verdict, the eight judges had no authority to act independently and issue clarifications to queries put forth to the court. He rightly contends that the responses should have been routed through official channels in line with protocol.
And yet, while his critique of the judges’ overreach is valid, his leadership has faced criticism for failing to enforce the full court’s decision. As chief justice, he had a responsibility to ensure that the ruling was implemented, even if he disagreed with it. His inability to push for its implementation gives one the impression he may have been quietly aligned with the view that the ruling should not be enforced. This failure to act raises concerns about his leadership during a critical period for the judiciary.
The CJP’s note marks the end of a tumultuous tenure marred by decisions that some saw as unnecessarily divisive. His handling of cases like the ones pertaining to PTI’s bat symbol and Article 63-A are examples where his rulings appeared more focused on technicalities and less on justice. In the bat case, he was clear in upholding the ECP’s stance against the PTI, refusing the party its election symbol due to legal technicalities. Yet, this decision appeared to be more of a punitive gesture towards the PTI.
Similarly, the timing of the Article 63-A ruling — which dealt with toeing party lines — stirred significant debate. The forces that hunger for influence over the political and judicial landscape were firmly against the man at the start but appear sated now.
On the other hand, the chief justice, who was once viewed as a crusader for judicial integrity has left many of his initial supporters disillusioned. Once lauded as one of the finest jurists, he will now leave a complex legacy, with his dissent symbolising the divisions within the apex court.
Adding to this quagmire is the appointment of Justice Yahya Afridi as the new CJP, passing over Justice Mansoor Ali Shah, who was a strong contender being the next most senior judge.
There is, however, hope that under Justice Afridi, the court can move beyond the discord and heal the fractures that developed under CJP Isa’s watch. The nation needs a judiciary that upholds justice without descending into internecine strife — a hope that rests on Justice Afridi’s shoulders as he dons the robe.
Published in Dawn, October 24th, 2024
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