Justice Qazi Faiz Isa A journey from a successful lawyer to a Chief Justice
Justice Qazi Faiz Isa becoming the Chief Justice was not only difficult but impossible. It is true that three years ago when he was standing in the dock of his own court, everyone, including the media, thought that Justice Qazi Faiz Isa becoming the Chief Justice was not only difficult but impossible. The new head of the Supreme Court, Chief Justice Qazi Faiz Isa, has assumed his duties as the Chief Justice at a time when the number of pending cases in the Supreme Court is more than 56 thousand 566 and the impression of the division of judges in the Supreme Court is deep. Then, from former Chief Justice Saqib Nisar to Justice Umar Atta Bandial, his strong differences with the Chief Justices themselves are not hidden from anyone.
Introductions at the same time
Chief Justice Qazi Faiz Isa has not one but many introductions at the same time. He is a very serious and determined person and has access to law, Shariah, and Islamic teachings and has a special knowledge of history. Chief Justice Qazi Faiz Isa is the son of Qazi Muhammad Isa, a long-time friend of the founder of Pakistan Quaid-e-Azam Muhammad Ali Jinnah and a leading leader of the Pakistan Movement. He has been a good lawyer in the past and is a fearless judge and a principled person. Chief Justice Qazi Faiz Isa received his primary education in Karachi. Then he completed his law studies in London. He became an advocate of the Balochistan High Court in 1985 and then enrolled as an advocate in the Supreme Court in 1998. He proved to be a successful lawyer in the Balochistan High Court and then the Sindh High Court.
Memo Gate Commission
I saw Chief Justice Qazi Faiz Isa as the head of the Memo Gate Commission when he was the Chief Justice of the Balochistan High Court. He was heading the commission constituted by the Supreme Court along with two fellow Chief Justices. The then Chief Justice of Sindh High Court Mushir Alam and former Chief Justice of Islamabad High Court Iqbal Hamidul Rehman were included in this commission. This commission was formed when the American army killed Osama bin Laden, the world’s most wanted terrorist, in a house in Abbottabad and took his body with them.
US Ambassador Hussain Haqqani
After this incident, the sovereignty of the state was questioned and there was a lot of confusion. In such an environment, it was reported that President Zardari, through the then US ambassador Hussain Haqqani, sought the help of the US administration to prevent the possible imposition of martial law in Pakistan. It was a strange case of its kind. Mian Nawaz Sharif stood in front of former Chief Justice Iftikhar Chaudhry wearing a black coat along with his entire party.
Martial Law is Treason
All the requests of Mian Sahib and his colleagues at that time were based on the fact that asking for help from the US due to the threat of martial law is treason and the biggest source in this was the American citizen Mansoor Ijaz himself. That is, the case was that Pakistani citizens and politicians should be taught a lesson on the statement of the American citizens. Nawaz Sharif was well used in all this, which he realized much later when another case like the Memogate Commission against him was leaked.
Mian Nawaz Sharif, General Pasha, and others had submitted their affidavits before the court as witnesses against the then government. Chief Justice Iftikhar Chaudhry did not have the courage to ignore such affidavits. Well, that was a great entry by Justice Qazi Faiz Isa. The commission of three provincial chief justices got involved in a major court action in Pakistan over the statement given by American citizen Mansoor Ijaz. After several days, the commission declared Hussain Haqqani responsible for Memogate based on the statement of the sworn American citizen.
Supreme Court not been Implemented
The Supreme Court first formed a commission, and this commission gave recommendations, the Supreme Court passed an order on these recommendations, but the result was zero to zero. Since the decision of the Supreme Court has not been implemented to date, it seems that the commission and its actions were the need of the hour. In fact, the Memogate Commission was the first test case for Justice Qazi Faiz Isa.
History to Decide
Now it is for history to decide whether Justice Qazi Faiz Isa as a judge could do justice or not, but Justice Qazi Faiz Isa’s observations, remarks, probing questions, and quirky style of inquiry were all new. This was the first case in which Justice Qazi Faiz became quite popular. Justice Qazi Faiz Isa is the 29th Chief Justice of Pakistan. If the circumstances favor him and no problems arise again, he will remain in the position of Chief Justice till October 25, 2024, that is, about 13 months.
Justice Qazi Faiz Isa was nominated as Chief Justice 3 months ago. On June 21, 2023, the President of the country nominated Justice Qazi Faiz Isa as the Chief Justice of Pakistan through one of his tweets. An official announcement was also issued in which it was announced that the President of the State has nominated the senior judge of the Supreme Court, Justice Qazi Faiz Isa, as the Chief Justice under Articles 175 and 177 of the Constitution. Justice Qazi Faiz Isa will take an oath of office on September 17, 2023.
The President of the country nominated the same judge as the Chief Justice who sent a reference against him to the Judicial Council with his signature some time ago which was rejected by the Supreme Court as a child of lies. The ruling party which sent the reference initially defended the reference but finally the party chief said that we were used like a postman in the reference. It is true that three years ago, when the story of this reference was on every tongue and a justice was standing in the dock of his own court, then everyone including the media was thinking that it is difficult for Justice Qazi Faiz Isa to become the Chief Justice. No, it is impossible.
Appointment as Chief Justice High Court
As a result of the decision of the Sindh High Court Bar Case, which ended the effects of Emergency Plus in 2007, where more than 100 PCO judges were discharged, the Balochistan High Court was completely empty of judges. It has been said that the then Chief Justice Iftikhar Muhammad Chaudhry wanted to make Justice Qazi Faiz Isa a judge of the Sindh High Court, but Qazi Faiz Isa rejected the offer saying that it is true that my residence is in Karachi. Most of the practice is in Sindh High Court but my domicile is in Balochistan. Those who have Sindh domicile have more rights to the Sindh High Court than I.
After PCO was repealed and PCO-affected judges were discharged from the Supreme Court, the vacant High Court of Balochistan needed a Chief Justice with a good reputation with the judges. In this situation, the President of Pakistan appointed Justice Qazi Faiz Isa as the Chief Justice of Balochistan High Court on August 5, 2009, keeping in mind the nomination of the Chief Justice. After 5 years in 2014, he was promoted and appointed as a judge of the Supreme Court.
Decisions of Qazi Faiz Isa
On August 19, 2015, the Supreme Court, while hearing an important case, imposed a ban on talur hunting in Pakistan. The bench was headed by the then Chief Justice Jawad S Khawaja, with Justice Qazi Faiz Isa and Justice Dost Muhammad as members. The ban on tailor hunting was linked by the federation to relations with the international community. In this hearing, Justice Qazi Faiz Isa observed that by allowing hunting, the state is violating not only the Constitution of Pakistan but also international laws and conventions.
This was a case in which provincial governments were willing to surrender even the modicum of autonomy granted under the 18th Amendment. He said that permission to hunt was a matter of the province, but the province was taking a stance of banning the implementation of the notification of the Ministry of Interior. After the trial, the decision of the court came. The Supreme Court has imposed a ban on the hunting of talur across the country. Permits issued by Arab hunters and princes were rejected.
Justice Qazi Faiz Isa played the most important role in this case. This was the case in which the government of Pakistan took a position that the ban on Talur is likely to affect Pakistan’s relations with the Gulf and other countries. Foreign policy depends on the life and death of an innocent bird-like Talur. Well, after this decision, the government filed a review appeal and the foreign ministry saved its foreign policy on Talur’s sacrifice. Now the Chief Justice had changed. This time, the 5-member bench headed by Chief Justice Anwar Zaheer Jamali and the majority of judges saved Pakistan’s international relations from deteriorating by allowing foreign visitors to hunt talur in Pakistan, but in the bench. The present Justice Qazi Faiz stood by his old decision and again wrote that this hunting was against the law before and still is.
Terrorists in Quetta
After 2015, the Chief Justice of the Supreme Court put another big responsibility on Justice Qazi Faiz Isa when the lawyers were targeted by terrorists in Quetta. On August 8, 2016, after an attack on a lawyer, when all the lawyers reached the hospital, a suicide bomber attacked the lawyers, as a result of which about 60 lawyers were martyred. Chief Justice Anwar Zaheer Jamali took notice of the incident and set up a one-member judicial inquiry commission comprising Justice Qazi Faiz Isa. Justice Qazi Faiz Isa prepared a comprehensive report by inquiring into the matter with heart and soul.
The report was a charge sheet against the government of the day, state policies, and security agencies, examining all aspects. The commission took the statements of the then Interior Minister, Chief Minister of Balochistan, IG Police, and heads of other institutions, which were made part of the report. The report blamed the government for all the incidents. It was a report that the government had to hide, so the government requested the Supreme Court not to make this report public. However, the Supreme Court rejected the government’s request and made the report public.
Chief Minister of Balochistan
In the 110-page report of the Quetta Commission, Justice Qazi Faiz Isa wrote that the federal and provincial interior ministers, even the Chief Minister of Balochistan, have acted with false statements regarding the incident. There is no action on the National Action Plan. The officers of the Ministry of Home Affairs are doing nothing but pleasing the ministers. In the same report, stories of Necta’s incompetence, the Home Ministry’s laziness, and the provincial government’s carelessness are abundant. Only a bold and fearless judge can give such a transparent report. Unfortunately, none of the recommendations in the report regarding the elimination of terrorism could be implemented.
Constitution regarding the establishment of military courts
The Supreme Court ruled in favor of the 21st Amendment of the Constitution regarding the establishment of military courts in the country. A full court, i.e., 17 judges headed by the Chief Justice of the Supreme Court, heard the petitions against the establishment of military courts. After this hearing. All the judges gave their opinion, among them, the 6 judges who declare the military courts. As unconstitutional and illegal, one of whom was Justice Qazi Faiz Isa, despite being a junior judge of the Supreme Court, were the majority. we’re not with He believe that Parliament also had no power to establish military courts.
The full court issued this decision in the first week of August 2015. On February 6, 2019, the Supreme Court of Pakistan pronounced the verdict in the 2017 sit-in case of Tehreek-e-Labaik Pakistan. This judgment reserve on November 22, 2018. Justice Qazi Faiz Isa write in the decision of the sit-in that the person who spreads hat and gives such fatwas which causes harm or hardship to another person, should dealt with in accordance with the law. Action should taken against the protestors under the prevailing laws.
Pakistan Army to Engage in any Political Activities
The court said that all security agencies should not exceed their mandate. The country’s constitution does not allow the Pakistan Army to engage in any political activities, strictly prohibiting it from supporting any party, group or individual. Therefore, through the Ministry of Defence. Instructions give to the Army Chief, Navy, and Air Force. Chiefs that action will taken as per law against the officers. Who violate their oath. This paragraph of the judgment fell like lightning on the government. And supporters of the sit-in and on the same day. It was decide that Justice Qazi Faiz not acceptable.
A strange aspect of the case was that the head of the two-member bench, Justice Mushir Alam, did not suffer in his career and retired honorably, but if surrounded, only by Justice Qazi Faiz. Justice Qazi Faiz Isa had a good working relationship with former Chief Justice Tasadeq Hussain Jilani, Justice Nasirul Mulk, Justice Anwar Zaheer Jamali, and Justice Jawad S. Khawaja, but when the top post hand over to Justice Saqib Nisar, these relations became cold and then differences arise.
Began to appear. Justice Saqib Nisar considered himself a fully active judge and an independent head of the institution, so he did not even hope to disagree with any judge. The news of the differences between Justice Saqib Nisar. And Justice Qazi Faiz came to light. When the Chief Justice left the bench disobeying the observation of Justice Qazi Faiz. In the Peshawar Registry and the next day Justice. Qazi Faiz Isa remove and a new bench appoint.
Actually, the matter was a case under Article 184 (3) which was pending in the Supreme Court. Whether this case comes under Article 184 (3) of public interest or not was the question that Justice Qazi Faiz dared to ask in the presence of his Chief Justice Saqib Nisar. This question also offend the Chief Justice. Because the bench judge had also said that first, the Supreme Court. Itself should satisfy in such cases. That the case they are hearing is in the public interest or fundamental rights. Whether or not they within the original jurisdiction.
Chief Justice Takes Notice
Now, if the Chief Justice takes notice of the case and hears it, and a junior judge raises such a question on it, a judge like Justice Saqib Nisar will feel bad. On this, Chief Justice Saqib Nisar left the case there and later it came to know that Justice Qazi Faiz had left the case itself. The state of his working relationship with the Chief Justice such that on several occasions he remove from the bench or his judicial order was terminate through an administrative notification. I remember two or three similar incidents.
Ban on Justice Qazi Faiz Isa from Hearing
After the reference against him. It was announce by Prime Minister Imran Khan gave development funds. To senators, then in a case, Justice Qazi Faiz took notice of it. And recommend to the Chief Justice to form a separate bench. It Gulzar Ahmed who separate Justice Qazi Faiz Isa from the bench. And made a larger bench and impose an undeclare ban on Justice Qazi Faiz Isa. From hearing Imran Khan or government cases. Which drew strong reactions from the Bar Council and senior lawyers.
Chief Justice Regarding the Constitution of the Bench
On this, Justice Qazi Faiz write a letter to the Chief Justice. After which he also write a long dissenting note in the same case. The letter which write criticize the powers of the Chief Justice. Regarding the constitution of the bench and the manner in which these powers were use. In the dissenting note, it was state that the Chief Justice has made a non-issue issue. There is no such thing on the record. The manner in which the Chief Justice has constitute. The new bench is an expression of no confidence in the two judges and has caused us disrespect. The bench of the Chief Justice is ambiguous and discriminatory.
Press Association’s Request to Harass Journalists
Justice Qazi Faiz Isa took notice of the press association’s. Request to harass journalists and summon the IG Police and DG FIA. The Chief Justice has discretion, a judge can only recommend in this regard. Justice Qazi Faiz was of the opinion that the Supreme Court has the authority to issue automatic notices. Its judge is also as empowered as the Chief Justice. In one case, Justice Qazi Faiz Isa’s court order suspend by a notification issue by the Registrar. This was a unique and first instance in judicial history where the judge’s decision was suspend from the registrar.
Reference against Justice Qazi Faiz Isa
It is important to mention here the reference file against Justice Qazi Faiz Isa. Base on a news clipping that a local reporter. Gave in a local newspaper in Islamabad. All of them belong to the East Recovery Cell. Headed by Barrister Shehzad Akbar, a self-styled exile lawyer. Justice Qazi Faiz and his family were accuse of having assets. Outside the country which they did not disclose. Barrister Farogh Naseem, Shehzad Akbar, the then Attorney General. Continue to level accusations on all the charges. Until Farogh Naseem even accuse the judge of money laundering.
Chairmanship of the then Chief Justice Umar Atta Bandial
The decision given by the bench. Under the chairmanship of the then EX-Chief Justice Umar Atta Bandial. Was also a decision of high standard of justice. That the reference was dismiss, but the FBR was give a free pass. Against the judge and his family. This contradiction of the judgment or the real mystery of the reference was reveal later. When some judges open their eyes. And Justice Qazi Faiz Isa’s review appeal was allow. It was the courage of Justice Qazi who manage to get justice for himself. By playing all the stakes of the law. Otherwise, he was very influential in making and sending references. Who sent Justice Shaukat Siddiqui home in two appearances.
No compromise on seniority
The decisions of the new Chief Justice have already been discuss. The reference against him and the outcome of this reference. Have also been mention. As the senior-most judge, he was also a member of the Supreme Judicial Council. And the Judicial Commission, but on both forums Justice Qazi Faiz Isa disagree. With the chairman of the forum. When there was a complaint against a respect judge in the Judicial Council. Justice Qazi Faiz wrote a letter to the Chief Justice and demand to review the complain. While at the biggest forum for the appointment of judges. Justice Qazi Faiz Isa spoke about seniority in the appointment of judges. Demanded to stick to principle.
Principle of Seniority
Several meetings of the Judicial Commission were delay. Due to Justice Qazi Faiz not negotiating on the principle of seniority. And several nominations were reject. The position of the current Chief Justice. Is that the judge of each unity language of the country should in the Supreme Court. But this position was never accept. So the small provinces of Sindh and Balochistan. Still complain about those who speak their language. There is no place in the Supreme Court.
Members of the Judicial Council
Justice Qazi Faiz Isa has vote against all the judges recruit in the Supreme Court. By ignoring the principle of seniority. In this regard, Justice Qazi Faiz Isa also wrote a letter to the members of the Judicial Council. That a meeting should call to appoint the female Chief Justice of Peshawar High Court. Musrat Hilali, and the Chief Justice of Sindh High Court, Ahmed Ali Sheikh. To the Supreme Court. When it comes to letters. Justice Qazi Faiz Isa is the only judge who has written the most letters in judicial history. He has written letters to the President of the State the Chief Justice. Fellow judges, and the Registrar of the Supreme Court. On various occasions and put forward his clear position.
Judicial Council against Justice Qazi Faiz Isa
When the President sent a reference to the Judicial Council against Justice Qazi Faiz Isa. Justice Qazi Faiz Isa wrote a letter to the President of the country. Which broadcast and publish in the entire media. Justice Qazi Faiz Isa wrote in a letter to the President that he had learn from the media. That the President of Pakistan had sent a reference against me to the Judicial Council. Which he did not know from anywhere. Will the President confirm that he has sent such a reference? He complain that his character is being tarnish by the one-side. News about the reference against him and his right to a fair trial is also being affect.
Chief Justice Regarding the Appointment
Justice Qazi Faiz Isa wrote a letter to the Chief Justice. Regarding the appointment of judges in the Supreme Court. And then also wrote letters against the appointment of junior judges in the Supreme Court. For this, a letter written to convene a meeting of the Judicial Council in haste. In which it was state that when the Supreme Court is on summer vacation. What is the rush to convene a meeting of the Judicial Council. At this time? And this meeting is being convene when the most senior judge is out of the country.
Justice Qazi Faiz wrote a letter not only to Justice Umar Atta Bandial but also to Justice Gulzar. The first letter to Chief Justice Gulzar Ahmed written during the Corona epidemic. In this letter, Justice Qazi Faiz Isa wrote to the Chief Justice. That congregational prayers should ban in the Supreme Court Mosque until the Corona epidemic ends. In this letter, various forms and verses of the Holy Quran referred to. This is the letter of April 2020 which was also publish in the media. Justice Qazi Faiz Isa made headlines from the Supreme Court. And now that he has become the Chief Justice. It will seen what role the largest court of justice will play in the coming days.