Full court reference for Chief Justice Isa scheduled for October 25

Pakistan's Supreme Court (SC) issued a notice for a full court reference on October 25, 2024, at 10:30 AM. to honor the outgoing chief justice, Qazi Faez Isa.

This ceremonial event will acknowledge the departing chief justice's contributions to the judicial system and legal profession, with attendance expected from high-ranking judges, attorneys, and officials.

The court's registrar, Jazila Saleem, has reportedly contacted the Supreme Court Bar Association's (SCBA) president to request a copy of their intended speech for the occasion.

CJP Isa has also accepted a farewell dinner invitation from the SCBA.

These events mark the formal conclusion of his tenure as the top judge of Pakistan's highest court, yet speculation continues about his potential future role in the judiciary.

Retirement amid controversy

CJP Isa has been a subject of controversy since August, when potential government plans to extend his tenure beyond the scheduled October 25 retirement by introducing constitutional amendments.

A draft of proposed amendments circulated in the media outlined the government's plan to modify the powers of Pakistan's highest court.

According to the reported draft, the government sought to add Article 184(A) to the Constitution, empowering the proposed federal constitutional court (FCC) to interpret the Constitution and hear appeals against laws passed by parliament.

This amendment would create separate chief justice positions for the constitutional court and the Supreme Court, effectively introducing two top judicial roles in the country.

The draft also suggested that under Article 184(A)(2), appeals against high court decisions would be heard by the FCC.

Another proposed change aimed to transfer all pending appeals against high court orders to the FCC once the constitutional amendment passed.

Additionally, the government intended to amend the Constitution to grant the FCC "exclusive and original jurisdiction" over disputes between federal and provincial governments, a power previously held by the Supreme Court.

The proposed changes signaled a significant upcoming shift in the judicial structure, altering the balance of power within Pakistan's legal system.

Passing the constitutional amendments

The federal government has for now put off its plans to introduce the controversial constitutional amendments till after the Shanghai Cooperation Organisation (SCO) summit, scheduled to be held in the federal capital from Oct. 15 to 17.

Last month, on the weekend of Sept. 15, the government tried to scrape together votes for a bill that is part of a broader package of judicial reforms that the government deems critical ahead of the retirement of CJ Isa, believed to be on good terms with the current government dispensation.

Despite lengthy meetings with a key opposition party ally, the JUI-F, the government was unable to present the long-awaited constitutional bill in parliament. For two days, the government scheduled cabinet meetings, parliamentary sessions and parliamentary meetings, only to be disappointed.

It was after the opposition Pakistan Tehreek-e-Insaf's leaders - including former speaker Asad Qaiser and parliamentary leader Omar Ayub - met with JUI-F leaders, praying together for sunset prayers, that appeared to be the final nail in the coffin.

However, JUI-F officials have confirmed that the party is drafting its constitutional amendment package, including a proposal for a constitutional bench in the current Supreme Court.

The party is still deliberating whether to include current judges or appoint new ones for this specialized bench.

This clarification followed media reports claiming the government had convinced Maulana to support constitutional court amendments after the SCO summit.