By Irum Saleem
Senior most judge Justice Syed Mansoor Ali Shah’s letter about former Chief Justice of Pakistan Qazi Faez Isa’s “puppet role” has opened a new Pandora Box.
On Friday Shah. skipped a full court reference held in so called honour of outgoing Chief Justice of Pakistan Isa.
Isa is accused of remaining complacent and indifferent to external pressures on the judiciary” during his tenure.
Besides Justice Shah, four other judges of the Supreme Court — Munib Akhtar, Ayesha A. Malik, Athar Minallah and Malik Shahzad Ahmed Khan — also did not attend the event.
While the reference was in full swing, Justice Mansoor Shah issued a scathing one-page letter explaining his decision not to attend it, asking the SC registrar to place his letter of refusal on the record of reference proceedings.
Justice Shah said it was a deeply held tradition across the world to honour an outgoing chief justice with a reference — a ceremonial acknowledgment of their service, leadership and dedication to upholding the judiciary’s integrity. However, traditions, like institutions, rely on the merits of those who embody them, he added.
“Instead of standing as a bulwark against interference, he [CJP Isa] opened the gates wide, betraying the judiciary’s sacred role as a check and balance on power,” Justice Shah alleged, adding that the outgoing CJP showed neither the courage nor the moral fortitude to defend the judiciary, rather ceded ground to those who sought to weaken the courts for their own gain, thereby compromising the very foundation of the rule of law.
“His [CJP Isa] actions have displayed a blatant disregard for the collegiality and respect essential to maintaining judicial harmony,” he regretted, adding that through a pattern of self-righteousness, Justice Isa consistently failed to engage in dialogue and refused to lead with the consensus-building that is the hallmark of judicial leadership.
“He has little regard for the judgements of this court and has contemptuously and unashamedly suggested that they may not be implemented by the executive,” Justice Shah observed.
“His tenure will be defined by pettiness, vindictiveness, and a lowly approach to administrative matters, having no grace or humility.”
The letter went on to say that earlier when former CJP Saqib Nisar overstepped the boundaries of his constitutional role and ventured into matters beyond his jurisdiction, he made the decision not to attend his reference.
“Today, I find myself compelled to make the same decision, though for different but more worrying reasons,” Justice Shah said.
“The proper role of a CJ is to safeguard the rights of all people, defend the independence of the judiciary and secure justice for all. CJP Isa, like an ostrich, with his head in the sand, remained complacent and indifferent to external influences and pressures on the judiciary.”
“To stand a reference and celebrate such a tenure would send a message that a chief justice can betray his institution, erode its strength, act petty and low, and still be celebrated as an honourable servant of justice. I am sorry, I in good conscience, cannot stand at a reference for such a chief justice. The copies of the reference were also sent to other judges.”
As Qazi Isa failed to respond to Shah’s allegation, his apparent puppet master PMLN has come up to his defence. PAK DESTINY
