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SC holds full court reference to bid farewell to CJP Isa
The Supreme Court on Friday held a full court reference to bid outgoing Chief Justice of Pakistan (CJP) Qazi Faez Isa farewell, where lawyers and fellow judges 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 tomorrow (Saturday).
The full court reference was live-streamed on the Supreme Court’s website and its YouTube channel.
Senior puisne judge Justice Mansoor Ali Shah, who would have become the CJP had the 26th Amendment not been in place, was unable to attend the gathering as he was gone for Umrah along with his family.
The seats next to the CJP — usually occupied by Justice Shah and Justice Munib Akhtar — were seen taken by Justice Afridi and Justice Aminuddin Khan instead due to their absence.
Justices Ayesha Malik, Athar Minallah and Malik Shahzad Ahmad Khan were also not present at the occasion.
According to a Dawn.com correspondent present at the SC, a total of 16 judges, including two ad-hoc and two of the Federal Shariat Court, attended the event. Among the 16 judges were also 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.
Attorney-General for Pakistan (AGP) Mansoor Usman Awan, Pakistan Bar Council (PBC) Vice-Chairman Farooq H. Naek, and Supreme Court Bar Association (SCBA) President Shahzad Shaukat spoke on the occasion.
After attending the full court reference, CJP Isa will also attend a luncheon reception being hosted by CJP-designate Justice Afridi on the apex court’s premises.
Justice Afridi highlights Isa’s ‘humility, wrath’
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”.
The judge went on to announce that the farewell lunch hosted today in honour of Justice Isa was not at the government’s expense. In a humourous tone, he said: “He has been cruel; he has imposed the entire expense on me. However, I have requested my brother judges to share the brunt.
“We wanted to host a lunch for Qazi sahib but he was adamantly, stubbornly… he was in no mood to accept it. Finally, when we said we going to commit ourselves, he agreed.”
Justice Isa had already declined a dinner arranged by the SC at government expense, saying the dinner would have cost the nation Rs2 million.
‘Focus on furtherest districts’
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.”
He went on to explain that the provincial capitals of Peshawar, Lahore, Karachi and Quetta had the “immediate attention” of the high courts and the government. “It is these furtherest districts that deserve our attention and the best of the best judges should go because they deserve more than anyone else.”
Justice Afridi added that addressing these districts would be his “first priority”.
Justice Isa stresses environment’s importance
At the outset of his speech, Justice Isa thanked all those who came to attend the event, Justice Yahya, his colleagues at the SC, the judges of the Shariat Appellate bench, AGP Awan, and lawyers Naek and Shaukat.
He further thanked the friends, lawyers and journalists who came, “as well as those who are not present among us today”.
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.
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.
Recalling his decision to appoint Jazeela Aslam as the SC registrar, Justice Isa joked: “She has also probably seen both my aspects of affection and bear.”
He further said: “You can ask her, I did not interfere in any of her duties or in making the cause list. Which case is to be fixed, I said it’s her work, not mine.”
More to follow
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