Chief Justice Qazi Faez Isa has assumed his role as the 29th Chief Justice of Pakistan, succeeding outgoing Chief Justice Umar Bandial. However, he inherits a host of pressing issues that demand immediate attention and resolution.
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One of the foremost concerns that Chief Justice Isa needs to address is the perception that developed during his predecessor’s tenure. It was widely believed that benches were formed primarily based on the alignment of judges’ ideologies, leading to predictable outcomes, particularly in cases involving former Prime Minister Khan. This practice contributed to the perception of a divided Supreme Court, and its decisions were often met with skepticism from the public. To alter this perception, Chief Justice Isa must not only diversify bench compositions but also ensure a more inclusive and comprehensive approach. An illustrative example is the PML-N government’s repeated requests for the formation of a full court to examine legislation aimed at curbing the Chief Justice’s powers and another related to elections in Punjab. These requests were consistently denied during the previous administration.
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This issue is directly linked to the Supreme Court (Practice and Procedures) Act 2023, which mandates that any matter of public interest must be addressed by a bench comprising three senior judges. In a notable move, an eight-member bench under the former Chief Justice suspended the enforcement of this law on April 13th.
Another critical challenge Chief Justice Isa faces is the substantial backlog of over 56,000 cases awaiting resolution. During Chief Justice Bandial’s tenure, these cases often took a back seat to the constant influx of political matters brought forward by former Prime Minister Khan. The introduction of the concept of “Midnight Courts” to address Mr. Khan’s grievances created the impression of preferential treatment toward a specific individual. In the words of Lord Chief Justice Hewart, “Justice must not only be done, but must also be seen to be done” (Rex v. Sussex Justices, [1924] 1 KB 256).
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In conclusion, Chief Justice Qazi Faez Isa faces a range of challenges, including reforming bench compositions, ensuring transparency in the decision-making process, and expeditiously addressing the overwhelming caseload. His tenure will be marked by how effectively he navigates these challenges to uphold the integrity and credibility of the Supreme Court of Pakistan.
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The writer is a lawyer, academic and political analyst. She has authored a book titled ‘A Comparative Analysis of Media & Media Laws in Pakistan.’ She can be contacted at: yasmeenali62@gmail.com and tweets at @yasmeen_9
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