Senior judge of the Supreme Court Justice Qazi Faez Isa has said that only JCP members have the right to appoint judges through votes, adding that those who cannot exercise their right to vote independently should resign.
Justice Isa made the remark while speaking at the annual dinner of the Sindh High Court Bar Association on Saturday. He was shocked by the actions of the then-federal law minister, Azam Nazeer Tarar, and the attorney general of Pakistan, Ashtar Ali Ausaf, for departing from their previous stance.
The justice, who was also a member of the JCP, stated that a commission member’s vote is a trust that should be used without fear or favor.
He stated that he was shocked by the former law minister’s and AGP’s behavior for departing from their prior position on the elevation of high court judges to the Supreme Court that they had taken in the judicial commission’s meeting.
According to Justice Isa, the Constitution ensures that every commission member has the right to vote and that a meaningful consultation among commission members should take place prior to the appointment of judges.
He said that federal ministers used to take oaths under the Constitution, similar to judges, promising to carry out their duties without fear or favor. Still, now they vote in commission without providing any valid reasons.
The senior SC judge said that those who could not exercise their right to vote independently should resign, referring to the famous US politician’s quote that people who could not stand the heat of the kitchen should keep out of it.
Justice Isa advised the legal community to maintain their independence and abstain from requesting any government grants. He asserted that since taxpayer funds are used to fund government grants, if the bar expects the judiciary to maintain its independence, it stands to reason that it should do the same for the executive branch.
He advised the bar against requesting assistance from or showing gratitude to any law minister, chief minister, or prime minister. He believed that the public transportation system should be improved in order to address the transportation issues rather than using government funds used for the transportation of government officials.
