The 29th Chief Justice of Pakistan Justice Qazi Faiz Isa took the oath of his slot. A lot of hopes that the nation is ascribing to him. Now the time to come would tell that the new CJP would come up to the expectations of the people
There are many challenges including ensuring the impartiality of the judiciary, issue of references against judges in the Supreme Judicial Council, decisions on political petitions, matters of judges’ appointments in the Supreme Court, and even a seemingly impending lawyers’ movement. In this regard, opinions are currently focused on the new Chief Justice.
Recent political scenarios have seen how the effects of judicial decisions have spilled over into political circles, with the judiciary’s role becoming a topic of debate. Particularly, during the tenure of former chief justices, several judgments had garnered public attention.
The rift between the judiciary and the parliament exacerbated when political leaders accused judges of bias, further intensifying the matter. This issue took a more serious turn when former Chief Justice Umar Atta Bandial passed a judgement against the amendments in National Accountability Bureau (NAB) Ordinance.
In this context, the focus is on how Justice Faiz Isa, as he assumed charge, will perform his duties for all institutions, bar associations, political parties, and public interests. The legal experts said that the question of judicial impartiality has always been raised before the superior and subordinate judiciary. According to the law, the element of impartiality arises from the decisions, but interference in the domain of law and parliament is possible due to the illegality and violations of powers in the national system.
The issue of references against judges also has an impact on public and lawyers’ perceptions. The lawyers believe that in the Supreme Judicial Council, even the action against judges is initiated on personal preferences rather than disliking someone, as a reference against Justice Qazi Faiz Isa was initiated on the basis of his presidential reference, but thereafter, no action could be taken on references against other judges.
One, Advocate of Supreme Court Hashim Raja has filed a corruption and abuse of authority reference against the nominated Chief Justice Qazi Faiz Isa, Justice Muhammad Ali Akbar Naqvi, Justice Amin-ud-Din Khan, and Chief Justice Lahore High Court Amir Bhatti and Justice Ali Zia Bajwa.
It is evident that Pakistan continues to witness tensions between the judiciary and politics, with the effects of judicial decisions spilling over into political circles. The new Chief Justice is faced with the challenging task of navigating these tensions, upholding the rule of law, and ensuring that justice is served impartially. His ability to address these challenges will not only be scrutinized by lawyers but also by the general public
For the past several years, the shadow of “judicial activism” has loomed over the country, and the twenty-first Chief Justice, Justice Qazi Faiz Isa, is set to assume office in the coming days. Following his appointment, several challenges are anticipated.
The people are waiting anxiously for justice in many matters but due to some past decisions the people have lost the confidence in the judicial system. Now Justice Qazi Faiz Isa would have heavy responsibility on his shoulders to restore the credibility of the judiciary as an institution.