Five judges of the Supreme Court did not participate in the full court reference. (Photo: AFP)
The non-participation of five judges in the full court reference in the Supreme Court on the occasion of the retirement of Chief Justice Qazi Faiz Isa on Friday created a tense atmosphere.Gay had created an impression, but the Chief Justice and Chief Justice-designate Yahya Afridi tried to reduce the bitterness to a considerable extent through unconventional speeches.
Even before the commencement of the full court reference on Friday, it was known that the five judges of the Supreme Court were not participating in it, so the chairs of these five judges were not installed in courtroom number one.
At the launch of the reference, Attorney General, President Supreme Court Bar Association and Vice Chairman Pakistan Bar Council paid tribute to Chief Justice Qazi Faiz Isa in their speeches.
In these speeches, where the judgments written by Justice Qazi Faiz Isa were expressed, the history of the judiciary in Pakistan and the legislation made in this regard, the appointment of judges and the confirmation of military governments by the courts. Controversial issues like providing were also openly discussed.
The Attorney General and Vice Chairman of Pakistan Bar Council, as Judge Qazi Faiz Isa, handed over several judgments regarding human rights, women’s rights and many other legal issues while Faizabad Dharna Case, Zulfikar Ali Bhutto Reference and February 2024 Elections. He termed the decisions of Qazi Faiz Isa as historic regarding ensuring the holding.
Unconventional title of Chief Justice and Designated Chief Justice
Unlike the speeches given during references by Chief Justices in the past, Friday was the first time that a Chief Justice and a Chief Justice-designate delivered a speech in an unconventional manner. In which not only personal habits and manners were discussed but also the role of family and family members in judicial matters was appreciated and recognized.
Chief Justice Qazi Faiz Isa said in his speech in Urdu that today he will not talk about constitutional and legal issues.
The Chief Justice thanked all the judges present in Courtroom No.1, Bar Council officials, lawyers and the media and said that he also thanked those who were not present here today.
After which Chief Justice Qazi Faiz Isa told about his family background and said that his widowed grandmother gave higher education to her three children.
“A hundred years ago, they sent their children not to Pakistan but to study in Britain where they had to go by ship. Three generations of us got law degrees from the same UK university.’
Wife has veto power in my life: Justice Faiz Isa
Chief Justice Qazi Faiz Isa said, ‘Thankfully, my wife is present today and she herself has heard my praises. Thanks to Chaudhry Iftikhar who selected me for Balochistan High Court. There was no one to teach in the Balochistan High Court, I learned from the lawyers.’
Regarding his career in the field of law, Justice Qazi Faiz Isa said that ‘Mother had said that you should complete your degree first and then continue to do whatever you want. After completing my degree, when I started practicing law, I got married at the same time. Law and my relationship with Serena Isa have been connected for 42 years.’
He said that one day Faqir Muhammad, the registrar of Chief Justice Iftikhar Muhammad Chaudhry received a call saying that the Chief Justice had called him to Islamabad. I was afraid that reading my article in an English newspaper, they were offended and would be angry about it. When I arrived, they told me that there is no judge left in Balochistan, so you should go there and take over the post of Chief Justice of Balochistan.’
Qazi Faiz Isa said that ‘I replied to him that my wife has the power of veto in my life, if she agrees and also the partners of my law firm agree, then I will take this position and if If they refused, then I will also refuse, but they agreed and I took the oath of the Chief Justice of Balochistan High Court. During this time we did a lot of work in Balochistan. I went to every district of Balochistan with my wife and even went to the district where I was told that it is not appropriate for you to go there.’
The Chief Justice said that ‘My first job in the Supreme Court was the selection of the registrar, which proved to be correct. Grateful to all the staff working with me. While listening to the case, one has to judge what is true and what is false. We follow the law and the papers, what is the truth the one above knows.’
On this occasion, the Chief Justice also read out a letter written by a woman from England based on her appreciation.
Our children are teaching us: Qazi Faiz Isa
The Chief Justice said that it is a pleasure when our children are also teaching us.
‘My niece came and told me that my friends are very angry with me that I have ordered the closure of the restaurant at Margalla Hills. I was just about to say something when my niece said that I have told my friends that Allah has created animals and birds and if we enter their dwellings, we will take their lives. There is danger, so the decision to remove the restaurant from Margalla Hills is right.’
Found Qazi Faiz Isa to be a very good person: Designated Chief Justice
Designated Chief Justice Justice Yahya Afridi also shed light on the temperament of Chief Justice Qazi Faiz Isa, his role and decisions in the Supreme Judiciary.
Justice Yahya Afridi said that at the moment I have mixed tendencies. On the one hand, the heart is sad about the retirement of Chief Justice of Pakistan Qazi Faiz Isa, on the other hand, there is also happiness that Qazi Faiz Isa is retiring with good health.
Justice Yahya Afridi said that he found Chief Justice of Pakistan Qazi Faiz Isa to be a very good person and he is a very gentle person.
Describing Qazi Faiz Isa as a dangerous ‘bear’, the nominated Chief Justice said that if you smile and talk to him in a nice manner, he will talk to you as a good person but if you treat him as a dangerous bear. will tease or harass, then I cannot give any guarantee regarding what will happen after that. I can only tell you that my experience has not been good.’
He said that Chief Justice of Pakistan Qazi Faiz Isa made the best decisions regarding the right of women to inherit property. The Chief Justice of Pakistan listened patiently to the differences of opinion among the judges.
He said that the Chief Justice of Pakistan refused to take lunch at government expense. ‘The entire burden of lunch was on me. I asked some of my fellow judges to share.’
He said that he was present on the bench with Chief Justice Faiz Isa many times and I never faced any difficulty in talking with him.
The principles of the supremacy of the constitution and the law and the division of powers will be followed: Yahya Afridi
On this occasion, the nominated Chief Justice while explaining his priorities said that ‘We need to focus on distant districts apart from Lahore, Karachi, Peshawar and Islamabad.
He clarified that there should be supremacy of constitution and law in the country while the constitutional procedure of distribution of powers should be implemented.
Faiz Isa ensured that the intelligence agencies worked within their limits: Attorney General
In his address, the Attorney General said that Chief Justice Qazi Faiz Isa ensured that the intelligence agencies worked within their limits.
‘Chief Justice Qazi Faiz Isa ensured that intelligence agencies do not interfere in political affairs.’
He said that the Chief Justice has always been a champion of fundamental rights, freedom of expression and women’s rights. He gave several landmark judgments, in the Faizabad dharna case, he gave a landmark judgment on lawful and peaceful protest. The Chief Justice also clarified the role of law enforcement agencies.
The Attorney General said that ‘as soon as he became the Chief Justice, a full court reference was called, Justice Qazi Faiz decided to telecast the cases live. Justice Qazi Faiz Isa gave important steps and decisions like entrusting the powers of the Chief Justice to the committee. The Chief Justice has an important role in conducting general elections. Convinced all stakeholders on elections for the survival of democracy. Chief Justice Qazi Faiz Isa’s father was one of the founders of Pakistan.
Non-participation of five judges in farewell reference
Chief Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandukhel, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Shahid Waheed, Justice Musrat Hilali, Justice Irfan Saadat Khan, Justice Naeem Akhtar Afghan, Justice Shahid Bilal were nominated in the farewell reference. Hasan and Justice Aqeel Abbasi participated.
Besides, ad hoc judges Justice Sardar Tariq Masood and Justice Mazhar Alam Mian also participated in the farewell reference. 12 permanent judges, two ad hoc judges and two learned judges, including two learned judges of the Sharia court bench, were present.
Apart from the judges, former cricketer and former prime minister Imran Khan’s cousin Majid Khan was also present in the reference in the Supreme Court.
Senior Judge Justice Mansoor Ali Shah did not participate in the full court reference due to being on leave. Apart from them, Justice Malik Shehzad, Justice Athar Manullah, Justice Muneeb Akhtar and Justice Ayesha Malik also did not participate in the reference.
Commemorative Fundamental Human Rights Inauguration at the Supreme Court
Later, Chief Justice of Pakistan Qazi Faiz Isa arrived at the inauguration ceremony of the monument at the Supreme Court. On this occasion, nominated Chief Justice Yahya Afridi and other judges also participated.
Justice Qazi Faiz Isa said that this place was empty in the Supreme Court, people come here from distant cities and take pictures on the road, this memorial is for the people. The architect who is building my house has volunteered for the job.’
The Chief Justice and other judges visited the memorial along with the guests and shed light on its aims and objectives and took a briefing on the work done on it.
