Justice Mansoor fires broadside against outgoing CJP Qazi Faez Isa for remaining ‘complacent and indifferent to external pressure on the judiciary’

ISLAMABAD, Oct 25 (SABAH): Justice Syed Mansoor Ali Shah has fired broadside against outgoing Chief Justice of Pakistan (CJP) Qazi Faez Isa for remaining “complacent and indifferent to external pressure on the judiciary” during his tenure as the senior puisne judge skipped a full court reference to bid farewell to the latter.

CJP Isa took oath as the 29th chief justice of Pakistan (CJP) on September 17, 2023 at a ceremony, where his wife Sarina Isa was standing beside him.

Justice Yahya Afridi, who was appointed by a Special Parliamentary Committee (SPC), is set to take oath as the next chief justice today (Saturday).

In a letter to Supreme Court Registrar, Justice Shah — who would have become the CJP had the 26th Amendment not been passed — noted that it is universal custom to hold a farewell event to acknowledge the departing chief justice’s contributions.

However, he said, traditions, like institutions, “rely on the merits of those who embody them.”

He explained that he decided against attending former CJP MIan Saqib Nisar’s reference because “he had exceeded the limits of his constitutional role”.

He reiterated that he would also not be attending CJP Isa’s reference “though for different but more worrying reasons”.

Justice Shah pointed out that the chief justice’s role is to protect the rights of the people, uphold judicial independence, and ensure justice for all.

“CJP Isa, like an ostrich, with his head in the sand, remained complacent and indifferent to external influences and pressures on the judiciary,” he wrote, adding: “Instead of standing as a bulwark against interference, he opened the gates wide, betraying the judiciary’s sacred role as a check and balance on power.”

The senior judge further said that the outgoing CJP showed “neither the courage nor the moral fortitude to defend the judiciary rather ceded ground to those who sought to weaken the courts for their own gain thereby compromising the very foundation of the rule of law.”

He also said that CJP Isa’s actions have displayed a blatant disregard for the collegiality and respect essential to maintaining judicial harmony.

“Through a pattern of self-righteousness he consistently failed to engage in dialogue and refused to lead with the consensus-building that is the hallmark of judicial leadership.”

Apparently referring to the July 12 reserved seats verdict, Justice Shah said the incumbent chief justice has little regard for the judgments of Supreme Court and has “contemptuously and unashamedly suggested that they may not be implemented by the Executive.”