ISLAMABAD: Justice Mansoor Ali Shah has openly criticized outgoing Chief Justice of Pakistan (CJP) Qazi Faez Isa for allegedly being “complacent and indifferent to external pressures on the judiciary” during his tenure.
Justice Shah, who skipped the full court reference farewell for CJP Isa, highlighted these concerns in a letter to the Supreme Court Registrar.
CJP Isa, who took oath as the 29th chief justice on September 17, 2023, will be succeeded by Justice Yahya Afridi, appointed by a Special Parliamentary Committee, who will take oath tomorrow (Saturday).
In his letter, Justice Shah noted that holding a farewell event is a universal tradition to acknowledge a departing chief justice’s contributions, but he emphasized that such traditions “depend on the merits of those who represent them.”
He mentioned a similar decision not to attend former CJP Saqib Nisar’s reference, stating Nisar had exceeded constitutional boundaries, and added that his reasons for not attending CJP Isa’s farewell are “different but more concerning.”
Justice Shah argued that a chief justice’s role is to protect people’s rights, uphold judicial independence, and ensure justice, claiming that CJP Isa “remained indifferent to external influences, failing to defend the judiciary’s role as a check on power.”
He added that Isa lacked the courage and moral strength to protect the judiciary, instead ceding ground to those seeking to weaken it.
He further alleged that CJP Isa disregarded the collegiality necessary for judicial harmony, often failing to lead through consensus, a key aspect of judicial leadership.
Justice Shah cited Isa’s response to the July 12 reserved seats verdict, in which Isa suggested it may not be implemented by the Executive, showing “contempt for the Supreme Court’s judgments.”
In an earlier minority judgment on October 22, CJP Isa had noted that implementing the July 12 decision was not binding, as review petitions were still pending and unscheduled for hearing.
Justice Shah said CJP Isa’s tenure created “bitter divisions and fractured relationships” within the Court, defining it by “pettiness, vindictiveness, and a lack of grace.”
Justice Shah concluded that attending the reference would imply acceptance that a chief justice could “betray the institution, diminish its strength, act pettishly, and still be celebrated as an honorable servant of justice.”
Justice Afridi is set to assume office as the 30th chief justice tomorrow, with President Asif Ali Zardari administering the oath. Afridi will be the first CJP appointed under Articles 175A (3), 177, and 179 following the 26th Constitutional Amendment, for a three-year term. The appointment follows recent judicial reforms, which were passed with a two-thirds majority in both houses of parliament.
