The Supreme Court on Friday held a full court reference to bid farewell to outgoing Chief Justice of Pakistan (CJP) Qazi Faez Isa, whose tenure ends at midnight, with senior lawyers and fellow judges praising his career in the judiciary.
Almost all judges of the Supreme Court attended the event, which is traditionally organized for all outgoing judges. Among the notable absences were Justice Mansoor Ali Shah, who was due to become the next chief justice prior to the enactment of the 26th constitutional amendment. Officially, it was claimed the judge did not attend because he has gone for Umrah with his family. However, a letter addressed to the registrar and leaked to the media indicated the judge regarded the outgoing CJP a “traitor” to the judiciary. He wrote that he could not “celebrate” a tenure “defined by pettiness, vindictiveness, and a lowly approach to administrative matters,” and as such could not stand at a reference for Isa.
Additionally, Justices Munib Akhtar, Ayesha Malik, Athar Minallah and Malik Shahzad Ahmad Khan were also absent from the occasion. All but Malik Shahzad were among the judges who opposed Isa in the reserved seats verdict that laid bare the divisions within the Supreme Court.
Attorney General for Pakistan Usman Awan commenced the proceedings with an address in which he praised the CJP’s steadfast approach to the Constitution, law, democracy and accountability. Recalling Isa’s career as a lawyer, he said the CJP pioneered the fundamental rights of freedom and expression and was a strong proponent of women’s rights. He also praised the top judge’s “historic” decisions, including the 2017 Faizabad sit-in case; the live-streaming of case proceedings; and the ruling that led to the conduct of the Feb. 8 general elections.
In his speech, incoming chief justice Yahya Afridi praised Justice Isa as a “good, hearing human being,” but noted that if “you poked the bear,” then even “hell hath no fury to match his scorn and only God may help and save you.” Recalling that he had experienced this wrath in the past, he stressed that these were learning opportunities. He said he had “mixed” feelings about Isa’s farewell, as he could miss the outgoing CJP’s “sense of humor and abruptness,” but was pleased he was retiring in good health so he could enjoy the rest of his time.
Justice Afridi also praised Justice Isa’s rulings in women’s rights cases, stressing he always ensured the preservation of their rights. He further complimented Justice Isa for acknowledging his own shortcomings and admitting when he needed the assistance of a worthy counsel.
The incoming chief justice 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.” He also clarified that the farewell lunch hosted in honor of Justice Isa did not incur any government expense at his request. “He has been cruel; he has imposed the entire expense on me,” he joked. “However, I have requested my brother judges to share the brunt.”
During his address, Justice Afridi also outlined his priorities as the next 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; the grievances of the bars shall be immediately attended to,” he vowed.
He said the furthest districts required the focus of the apex court, as the high courts were well-suited to tackle issues in provincial capitals. “Immediate attention will be rendered on facilitating attendances and cases of women, children and the disabled. Finally, improving the justice delivery process—be it automation, alternative dispute resolution, better case management, or human resource development,” he said, admitting it was a “herculean” task.
“With the fondest of memories and every good wish, I on behalf of my colleagues bid farewell to our very dear friend, illustrious colleague, and our distinguished chief justice Qazi Faez Isa,” he said, concluding his speech with blessings for Justice Isa’s family.
Justice Isa’s speech
In his farewell address, Justice Isa thanked all those in attendance, as well as those “not present among us today.” Thanking then-CJP Iftikhar Mohammad Chaudhry for elevating him to the Balochistan High Court, he said this had changed his life. Highlighting the importance of judges, he said they had to differentiate between truth and falsehood. “It is possible that we have made limitless wrong judgements as we work according to the paper and the law,” he said.
Recalling he received his early education in Balochistan and higher education from Karachi, he noted that this was due his paternal grandmother, who 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, praising her for supporting him and doing a lot of work he was credited for. “She only had two conditions: her name not be taken and she would not take any remuneration,” he said.
Referring to his order to shut down eateries located at Islamabad’s Margalla Hills, he stressed that the environment was a very important topic that merited everyone’s attention. “If the environment no longer remains livable, it will become difficult not just for animals and birds to live but also for humans,” he warned.
He also praised Jazeela Aslam, who he appointed the registrar upon assuming office. Stressing he had not interfered in her duties, he urged men to beware, as women were rapidly surpassing them in many aspects. Concluding his address, he joked: “A few hours are remaining till freedom.”