Justice Qazi Faez Isa, who is set to become Pakistan’s 29th Chief Justice, has had an eventful legal career that has been marked by his commitment to democratic values, progressive Islam, and the rule of law. His journey, from his background and education to his notable decisions, has left a lasting impact on the country’s legal landscape.
Early Life and Education
Justice Isa comes from a privileged background, born into a Sunni family with a strong political legacy. His father was involved in the All-India Muslim League and later served as Pakistan’s ambassador, while his mother actively participated in various social organizations. His connection to the persecuted Hazara community has given him a unique understanding of Pakistan’s complex socio-political fabric.
After attending prestigious institutions such as Karachi Grammar School and Aitchison College in Lahore, Justice Isa pursued his legal studies abroad. Upon returning to Pakistan, he entered the legal profession and eventually became a partner at RIAA, one of the country’s top-earning law firms. This corporate legal practice, based primarily in Karachi, set him apart from many other judges who focused on litigation.
In 2009, Justice Isa took on the role of Chief Justice of the Balochistan High Court (BHC). This appointment was unusual considering his limited prior connection to Balochistan, as his upbringing, schooling, and legal practice were primarily centered in Karachi and abroad. However, his tenure in Balochistan allowed him to gain valuable experience and further develop his judicial philosophy.
Controversial Roles and Courageous Actions
Throughout his career, Justice Isa has taken on high-profile roles as an inquiry commissioner, often garnering attention and controversy:
Memogate Commission
As the head of the Memogate Commission, Justice Isa investigated a scandal that emerged in 2011 involving a secret memo allegedly authored by Hussain Haqqani, the then-US ambassador. The memo sought US intervention to prevent a potential military coup against the civilian government. Justice Isa’s commission accused Haqqani of treason and disloyalty, which was seen by many as an attempt to undermine the authority of the elected government.
Commission on the Assassination Attempt on Justice Khawaja Sharif
Justice Isa led the inquiry commission on the assassination attempt against Justice Khawaja Sharif, investigating a plot against the chief justice of the Lahore High Court in 2010. The commission found that the plot was fabricated by individuals, including Dr Tauqir Shah, who later served as the principal secretary to Prime Minister Imran Khan. Justice Isa’s strong condemnation of Dr Shah as an “incorrigible liar” and a “man of little character and credibility” remains noteworthy and raises concerns about governance, integrity, and potential conflicts of interest.
Quetta Bombing Commission
Justice Isa investigated the tragic events of August 2016 when a suicide bomber targeted lawyers in Quetta. His report candidly pointed out the failures of the security establishment and government agencies in combating terrorism. Justice Isa emphasized the importance of enforcing existing laws to ensure justice and security for all Pakistanis.
Audio Leaks Commission
Leading the Audio Leaks Commission has been contentious for Justice Isa. Formed by the PDM-led government, the commission aimed to investigate audio recordings allegedly involving judicial figures. Despite legal challenges, including a constitutional petition, Justice Isa continued the proceedings, highlighting issues with the commission’s formation and its impact on the Chief Justice of Pakistan.
Landmark Judgments: Unprecedented Courage and Consequences
Justice Isa is known for his meticulous research and lengthy judgments that draw from various academic sources. Despite being assigned relatively fewer cases in recent years, he has consistently addressed important issues such as preventing the misuse of state resources, protecting the environment, combating religious extremism, defending minority rights, advancing women’s inheritance rights, advocating for freedom of information, and upholding judicial independence.
Four key cases underline his commitment to justice and constitutional principles:
Balochistan Suo Motu on Hazara Killings
Justice Isa’s suo motu notice on the gruesome killings of 26 Hazara community members by the banned terrorist group Lashkar-i-Jhangvi stands out as a significant moment in his career. This landmark case demonstrated his commitment to justice and outlined essential principles for suo motu proceedings, emphasizing the power of high court chief justices to initiate such actions based on media reports.
Suo Motu on Killings of Nationalists
Shortly after becoming the Chief Justice of Balochistan, Justice Isa issued a groundbreaking suo motu order in 2009 in response to the killings of three Baloch nationalist leaders. He directed intelligence agencies to fully cooperate with the police in their investigation, setting a precedent for accountability and transparency.
Faizabad Dharna Suo Motu Judgment
Justice Isa’s most courageous and consequential verdict came from the Faizabad dharna case, a violent protest by Tehreek-i-Labbaik Pakistan (TLP) in 2017. His judgment clarified the change in a declaration’s wording, highlighted the violation of fundamental rights, and criticized the government’s failure to protect citizens and maintain public order. He also questioned the role of intelligence agencies and the media in the protest and emphasized the importance of upholding constitutional supremacy and the rule of law.
NAB vs Hudaibiya Paper Mills
Justice Isa’s judgment in the Hudaibiya Paper Mills case was widely acclaimed for being legally sound and bold. He refused to condone the delay in filing a petition by the National Accountability Bureau (NAB), emphasizing the importance of fundamental rights and fair trial. This decision reaffirmed the principle that individuals cannot indefinitely await a prosecuting agency’s discretion.
Challenges and Reforms Ahead
As Justice Isa takes on the role of Chief Justice, he faces various challenges that will shape his legacy:
Reforming Suo Motu Jurisdiction
Justice Isa has consistently raised concerns about the application and exercise of Article 184(3) of the Constitution, which grants the Supreme Court suo motu powers. He advocates for clear guidelines and procedures, preventing the potential abuse of this power.
Addressing Intra-court Disagreements
Internal disagreements among judges on the interpretation and application of Article 184(3) highlight the need for clarity and reform. Justice Isa’s proposals for restructuring bench allocation and establishing criteria for composing benches aim to minimize favoritism and promote fairness within the judiciary.
Enhancing Judicial Accountability
Justice Isa’s views on judicial appointments and internal accountability mechanisms, such as the Supreme Judicial Council (SJC), reflect his commitment to transparency and fairness. He advocates for a merit-based appointment system and efforts to promote transparency in SJC proceedings, striking a delicate balance between judicial independence and accountability.
Overcoming External Pressures on Judicial Independence
The judiciary faces external pressures, such as violations of court orders and interference in judicial affairs. Chief Justice Isa’s leadership in upholding the judiciary’s authority will be crucial in preserving its independence.
Key Cases and Reforms Ahead
Chief Justice Isa will preside over complex cases that challenge the interests of powerful entities. His decisions on military trials, legislative amendments, land acquisition, and urban development projects will test his commitment to justice and the rule of law. Additionally, addressing issues related to provincial and general elections and resolving pending references against judges will require careful navigation.
Restoring Judicial Independence and Credibility
Chief Justice Isa aims to restore judicial independence and credibility by striking a balance between accountability and the judiciary’s role as the guardian of the Constitution. His efforts to enhance transparency within the SJC and promote external respect for the judiciary’s authority will play a significant role in achieving this goal.
Shaping Legacy through Land Reforms
The Qazalbash Waqf Case presents Chief Justice Isa with an opportunity to shape Pakistan’s socio-economic landscape and the judiciary’s role in it. The case questions the compatibility of land reforms with Islamic principles and the Constitution. It allows Chief Justice Isa to foster a progressive interpretation of Islam, emphasizing its compatibility with a just and inclusive society.
While Justice Qazi Faez Isa’s leadership is important, it is crucial to remember that meaningful change in Pakistan’s judiciary requires collective efforts. The people of Pakistan, with their eternal hope for a better future, and all stakeholders must work together to ensure that the judiciary serves as a beacon of justice, fairness, and accountability.