Pakistan’s Chief Justice Isa bids farewell amid absence of five senior judges

A full-court reference was held on Friday to bid farewell to outgoing Chief Justice of Pakistan (CJP) Qazi Faez Isa. It was the first time five judges did not attend the reference for an outgoing Chief Justice.

Justice Isa, who took office as the 29th Chief Justice on September 17, 2023, concluded his tenure today.

His successor, Justice Yahya Afridi, will be sworn in on Saturday (tomorrow), becoming Pakistan’s first Chief Justice appointed through the newly formed Special Parliamentary Committee (SPC).

The five senior judges who did not attend the farewell were justices Mansoor Ali Shah, Ayesha Malik, Athar Minallah, Malik Shahzad Ahmad Khan, and Munib Akhtar. Justices Afridi and Aminuddin Khan were present, seated in their usual positions alongside the CJP.

Justice Mansoor Ali Shah, the most senior among the absentees, would have succeeded as Chief Justice had the 26th Constitutional Amendment not been enacted. Traveling for Umrah, Justice Shah in a strongly worded letter provided his reasons for not attending the farewell reference.

It’s lawyers who taught me: CJP Isa

During his farewell address, Justice Isa spoke in Urdu. He expressed gratitude and began with a lighthearted note about his wife’s presence, mentioning that while others praised him, she remained his strongest critic. Justice Isa thanked the attendees and acknowledged those who could not attend.

Reflecting on his journey, he credited the legal fraternity for his understanding of justice, noting, "I didn’t learn from anyone formally; it’s the lawyers who taught me a lot."

He spoke about his efforts to revitalize a “non-functional high court” and highlighted significant accomplishments during his tenure, especially in his home province, Balochistan.

Justice Isa shared personal anecdotes about his family heritage, mentioning his father’s role as Balochistan’s first barrister. He recalled his mother’s advice to complete his education before his career path, after which he married and balanced his career with a marriage spanning over forty-two years.

Recounting a pivotal moment in his career, Justice Isa revealed that he was once summoned by the Chief Justice while he was writing for an English newspaper. Initially fearing he would be reprimanded; he was instead asked to become the Chief Justice of Balochistan due to a shortage of judges in the region.

Justice Isa stated, "After becoming the Chief Justice of Balochistan, life changed profoundly." He credited his wife for her significant support in his work in Balochistan, although she requested her name not be mentioned. Together, they visited every district in the province, aiming to make a tangible impact on the region’s judicial landscape.

‘If you provoke him...only God may help you’

Chief Justice of Pakistan-designate Justice Yahya Afridi honored outgoing CJP Justice Qazi Faez Isa in his farewell speech, balancing praise for his accomplishments with a candid “warning” about his fierce temperament.

Justice Afridi, who is set to assume office soon, described Isa as a “good, hearing human being” but cautioned those who might test his patience.

“If you meet, greet, and treat Justice Faez Isa with a smile and humility, he will reciprocate with such gentle softness, likeness, and care that it will leave you astonished,” Afridi said. “But mind you, if you in any way provoke him, or if I may say so poke the bear, then even hell hath no fury to match his scorn and only God may help and save you.”

Afridi added, “I have faced such wrath of this bear many times. The experience was not pleasant,” though he acknowledged learning significantly during their time on the bench together.

He expressed “mixed feelings” about Isa’s departure, noting he would miss his “sense of humor and abruptness” while also appreciating that Isa would enjoy a well-deserved rest.

Afridi noted Isa’s humility in seeking counsel where necessary, saying it was a quality rarely seen among peers. He humorously disclosed that Isa had declined a government-funded farewell dinner costing Rs2 million, instead opting for a modest farewell lunch funded privately.

“He has been cruel; he has imposed the entire expense on me. However, I have requested my brother judges to share the brunt,” Afridi joked, adding that it took considerable convincing to arrange even a modest farewell lunch.

Justice Afridi also used the platform to outline his priorities as CJP, signaling a renewed emphasis on rule of law and judicial reforms. “As for what lies ahead, let me assure all that with the blessings of Allah Almighty, for the citizens of Pakistan, rule of law shall rule,” he declared, pledging adherence to the principles of power division and safeguarding judicial dignity.

AGP commends dedication

Attorney General Mansoor Usman Awan commended Justice Isa for his dedication to the Constitution, law, democracy, and accountability.

Awan highlighted Isa’s distinguished legal career, his advocacy for fundamental rights, freedom of expression, and women’s rights, and landmark rulings such as his judgment on peaceful protests in the Faizabad sit-in case.

He also noted Isa’s role in facilitating general elections and recognized his father’s legacy as one of Pakistan’s founders.

‘An ostrich with his head in the sand’

In a scathing letter explaining his absence, Justice Mansoor Ali Shah voiced concerns regarding the current state of the judiciary. He noted that while farewell ceremonies celebrate service and dedication, they also depend on the merit of those being honored.

Justice Shah referenced his previous boycott of the farewell for former Chief Justice Mian Saqib Nisar, who he felt had overstepped constitutional boundaries, as documented in a letter from January 17, 2019. Today, he felt similarly compelled to decline attendance for Justice Isa’s farewell, citing “even more worrying reasons.”

Justice Shah emphasized that a Chief Justice must protect citizens’ rights, uphold judicial independence, and ensure justice. He criticized Justice Isa for what he viewed as complacency in the face of external pressures, describing his approach as “like an ostrich with its head in the sand”.

Shah accused Isa of failing to defend the judiciary’s role as a check on power and compromising the foundation of the rule of law. He also criticized Isa’s handling of collegial relations, describing his tenure as marred by pettiness and vindictiveness, and expressed concern over Isa’s respect for court judgments and potential non-compliance by the executive.

In closing, Justice Shah explained that attending the farewell would send a troubling message about the judiciary, as he could not in good conscience participate in celebrating a Chief Justice whose actions he felt undermined the institution.