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Home Opinion & Editorial Editorial

CJP Isa’s challenges

Editorial by Editorial
September 20, 2023

The Supreme Court of Pakistan was abuzz with activity as Chief Justice Qazi Faez Isa assumed duties as the top judge amid great challenges faced on restoring the prestige of the superior judiciary.

On the first day, the chief justice made several decisions that would have a lasting impact. Upon arrival, he refused the guard of honour traditionally given by the police and directed them to work diligently. In a first, he allowed the live telecast of the court’s proceedings to broadcast the hearing of the SC Practice and Procedure Act, 2023.

CJP Isa also called a full court meeting of all fifteen judges. His two predecessors Justice Umar Ata Bandial and Justice Gulzar Ahmed failed to hold a full court meeting during their tenure. The last full court meeting was held in 2015 on the 21st Amendment which allowed civilian trial in military courts.

The previous PDM government had passed the law challenging the powers of the chief justice to issue suo moto notices on issues of public importance. It also allowed an appeal on the cases heard under the notices aimed at giving relief to political bigwigs. Amid an ongoing tussle with the government, the apex court suspended the enforcement of the law.

The court is now examining whether the parliament has the authority to decide the workings of the court and alter its rules and procedures. Several judges have already expressed disapproval over the sole prerogative of the chief justice to issue suo moto notices.

The greatest challenge for the court, however, is the swift dispensation of justice. More than 55,000 cases are pending in the court and even though a record number of cases were disposed in the last judicial year, the backlog has not reduced. The chief justice said people come to court seeking justice and the enforcement of fundamental rights that must be ensured.

Another greater challenge is maintaining the independence of the judiciary. The court has been criticized for making political verdicts and judges have been accused of bias. There has also been a smear campaign against judges of the superior judiciary. The court needs to restore its prestige and dispense justice without any discrimination. The elevation of Justice Isa has been hailed as a beacon of hope and the court must ensure that justice is delivered.

 

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