The recent decision of the Supreme Court against senior Justice Qazi Faez Isa has set a new precedent which has created a rift with the judiciary. Chief Justice of Pakistan Gulzar Ahmed restrained the judge from hearing any cases involving the prime minister as he has filed a case against him in his personal capacity.
The top court also disposed of a case against the prime minister against the issuance of Rs500 million funds to each parliamentarian. Justice Faez Isa had taken notice of the incident amid media reports and some unknown message he had received on WhatsApp which could not be proved as genuine. The prime minister denied the funds were given to parliamentarians for development schemes.
The Chief Justice barred the judge from hearing any case involving the prime minister as it would lead to a conflict of interest. The case was also disposed with an observation that there had been a contest between a judge and the prime minister. The incidents are an attempt to create an unnecessary rift between the judiciary and the executive and must be avoided.
After the case was dismissed, the judge stoked another controversy by writing a letter to the Supreme Court’s registrar asking for a copy of the verdict against him. The judge expressed shock that the judgment was released to the media and the ‘whole world knows about it’ before it was sent to him. This is once again an unnecessary attempt to create a rift within the judiciary.
The judiciary has remained an independent institution and has taken crucial decisions affecting the nation without any pressure. The judiciary is perhaps the only institution that can maintain stability and uphold the sanctity of the constitution. It should not take any decision which can create differences between the senior judges or with any pillars of the state such as the executive, legislation or media.
Justice Qazi Faez Isa is a controversial figure as there is an ongoing presidential reference against him but he is expected to the next chief justice in 2023. There are many instances that have affected the prestige of the superior judiciary from the instances including the ransacking of the Islamabad High Court. The senior judges of the apex court should ensure the impartially of the judiciary and the provision of justice rather than taking any step which tarnishes the image of the highest institution.
