Justice Isa to sit with CJP for first time

• For the first time, Chief Justice of Pakistan (CJP) Umar Ata Bandial has added Senior Puisne Judge Justice Qazi Faez Isa to his bench to hear cases from September 5 to 9
• Bench No. 1 also includes Justice Syed Mansoor Ali Shah

ISLAMABAD: For the first time, Chief Justice of Pakistan (CJP) Umar Ata Bandial has added Senior Puisne Judge Justice Qazi Faez Isa to his bench to hear cases from September 5 to 9.

Bench No. 1 also includes Justice Syed Mansoor Ali Shah. In the midst of speculation about a schism among Supreme Court justices, including Justice Isa, the presence of two senior-most judges on the same bench is being lauded by the legal community.

Former Sindh High Court Bar Association president Salahuddin Ahmed called it a “great development” that would boost the supreme court’s public perception and status.

“One hopes that previously visible schisms in the judiciary can be repaired. There is a cohesive focus on resolving numerous concerns with the justice delivery system together. Both the honorable chief justice and the honorable senior puisne judge play critical roles in this process “He stated.

Former extra attorney general Tariq Mahmood Khokhar stated that the reconstructed highest court benches herald the end of internecine fighting.

“[This is] more dissent and diversity, as well as a step back from the abyss. The chief justice has risen above tremendous acrimony and conflict. I am confident that others will reciprocate “Khokhar explained.

It has been observed that the Justice Isa case processes had a negative impact on the functioning of the Supreme Court. During the hearing of the Justice Isa case, judges communicated with one other through legal orders, and even heated words were exchanged between Justice Maqbool Baqar and Justice Sajjad Ali Shah.

Several lawyers accused former Chief Justice Gulzar Ahmed of failing to act as a mediator to resolve a conflicts among Supreme Court justices. Senior attorneys, however, questioned why the incumbent CJP included Justice Isa on a bench hearing crucial constitutional and sensitive cases.

Justice Isa had written to the CJP, questioning the composition of the bench to hear the presidential reference concerning the scope and interpretation of Article 63A of the constitution.

When CJP Bandial announced a meeting of the Judicial Commission of Pakistan (JCP) on July 28 to examine the elevation of five nominees to the top court, Justice Isa objected, claiming that he was abroad at the time.

The JCP meeting exposed the superior judiciary’s internal workings, and the CJP’s nominees were not approved by a majority of the commission’s members.

Following the discussion, senior lawyers encouraged CJP Bandial to begin the process of dialogue with senior justices over the selection of high court judges. Currently, five Supreme Court judgeships are unfilled.

According to sources, the CJP met with JCP members on Wednesday. The lawyers emphasised the importance of finding permanent solutions to issues such as bench composition, case scheduling, and the nomination of superior court justices. In certain cases, the CJP’s discretionary powers are critical.

The majority of JCP members believe that criteria for the appointment of superior court judges should be developed.

It should be emphasised that no full court meeting has taken place in the recent two years. A full court is expected to convene on September 12 to begin the new judicial year.