The Supreme Court upholds the Constitution: The senior Supreme Court judge, Judge Isa, assuming his place amid Prime Minister Shehbaz and Zardari comes as a surprise to many.
ISLAMABAD: Justice Qazi Faez Isa, the Supreme Court’s second-highest ranking judge after the Chief Justice, has stated that he supports the Constitution at a time when the federal government and the judiciary are at odds and it is no longer a secret that there are two factions of the court’s justices.
The senior puisne judge’s attendance at the ceremony commemorating the golden anniversary of the 1973 Constitution sparked debate since some people felt the judge shouldn’t have been sitting among MPs whose cases he had once heard in his courtroom.
The sole judge from the Supreme Court to attend the National Constitution Convention was Justice Isa, who traveled by foot from the Supreme Court building to the Parliament House (NCC).
According to information, Raja Pervez Ashraf, speaker of the National Assembly, invited every judge of the Supreme Court. Apart for Justice Isa, no one chose to attend the occasion.
The judge was stopped by numerous individuals, including YouTubers, as he returned to the Supreme Court from the Parliament House after giving a speech. Despite their inquiries, the judge stayed mute, signaling that he had spoken what he intended to say in the assembly hall.
Many were taken aback when Judge Isa, Prime Minister Shehbaz Sharif, former President Asif Ali Zardari, and Finance Minister Ishaq Dar took seats in the first row on the treasury benches.
Despite the fact that Judge Isa’s participation in the parliament was seen by members of the legal community as a historical development, they claimed the senior puisne judge should have stayed away from the convention given the division that has resulted from the Punjab elections case.
Notwithstanding the government’s concerns, Punjab elections were recently ordered by Pakistan’s current Chief Justice, Umar Ata Bandial. The National Assembly then voted a resolution rejecting the Supreme Court’s ruling, and the administration demanded that the chief justice resign.
Judge Isa should not have attended the convention during a time of political unrest, according to Salahuddin Ahmed, a former president of the Sindh High Court Bar Association and a former member of Justice Isa’s legal team. “Concepts are important. Even if he got there, he ought to have sat by himself,” the speaker said.
He asserted that people who describe it as wrongdoing or unprecedented are ignorant. Even Awnar Zaheer Jamali, a former chief justice, spoke before the Senate at one point. It’s interesting that Judge Isa’s attendance in the event received no official comment from the Pakistan Tehreek-e-Insaf (PTI).
Judge Isa, however, came under fire from PTI-supporting attorneys and media figures for sitting with politicians who had previously received relief from his court. For instance, the Hudabiya Paper Mills reference case decision benefits Ishaq Dar, who was seated on his left side. Zardari, who was seated on the right, was also cleared by the Justice Isa-led Memogate Commission.
“No evidence was produced before us that would indicate that President Asif Ali Zardari had either authorized the preparation of the memorandum or directed that it be sent to the American administration,” the commission, whose report was written by Justice Isa, had conceded in its final report, which was presented before a larger bench of the Supreme Court.
In his opening statement, Judge Isa stated that he had come to the parliament to express that he and his organization support the Constitution. Judge Isa stated in his statement that the court, parliament, and administration all have the same goal: to serve the people.
Justice Isa stated in his non-partisan speech that the Supreme Court’s role is to swiftly decide cases in accordance with the law and the Constitution; the role of the parliament is to enact legislation that is better for the people; and the role of the executive and the government is to carry out the laws and policies for the benefit of the people.
Speaking to the speaker, Judge Isa stated that he had questioned him before to attending the parliament about whether the speeches and discussions would be restricted to the Constitution and avoid political topics. Justice Isa replied that this was not the case.
There have been many political speeches, Judge Isa remarked with a smile. “The Constitution guarantees their [politicians’] right; I don’t say anything to them, but it doesn’t mean I agree with them.”
While issues involving politicians may come before him, rulings might go against them, and they might argue against him in the same assembly chamber, Judge Isa said he needed to make sure everything was clear. He said, “I came here because today is the Constitution’s Golden Jubilee; it’s a celebration day.
Judge Isa stated during his address that his father founded the Muslim League in Balochistan and that he was the only representative from Balochistan in Quaid-e-Azam Muhammad Ali Jinnah’s central working committee of the All India Muslim League, which consisted of 19 members.
The British who controlled the subcontinent might have offered better administration, but Judge Isa once observed, “We intended to move forward by learning from our failures.”
Judge Isa also discussed the conflict that has existed in the legal system since independence.
He claimed that he disliked the term “minority,” as those people are equal citizens who have contributed to the formation of the nation and its subsequent development.
Judge Isa stated, “We [judges] write rulings and do not deliver remarks.
In his address, he also covered the effects of Governor General Ghulam Muhammad’s 1954 decision to dissolve the Constituent Assembly.
When previous military dictator Gen. Ziaul Haq issued a Temporary Constitutional Order, Judge Dorab Patel, a former Parsi jurist, refused to take the oath of loyalty, according to Justice Isa, who also recalled Justice Patel with affection (PCO).
Judge Isa praised Justice Patel’s position and said, “Do you believe we would have seen the division we see now if we had supported Maulvi Tamizuddin at the time when the courts had supported him and rejected Ghulam Mohammad’s decree?”
Judge Isa stated, “The Constitution is already 50 years old; we should hold it dear to our hearts now.” The most essential point is that the Constitution protects peoples’ rights, thus it should be valued.
Judge Isa endorsed a motion urging the Constitution to be taught in schools and stressed the importance of citizens being aware of the scope of their rights under the Constitution.
He said that his wife had previously worked as a teacher in an American institution, where she had informed him that the curriculum included early instruction on the Constitution and the right to vote among other topics.
According to him, Pakistan’s Constitution grants a number of rights that are not included in the constitutions of many other nations. He offered an illustration of how Article 19-A of the Constitution grants the freedom to information.
If he doesn’t stand up for the Constitution, anybody can criticize him, according to Justice Isa. Judge Isa stated that both he and the politicians had taken an oath to defend the Constitution before drawing to a close his about 15-minute address.
He emphasized once more that his speech had nothing to do with the political remarks that came before it. “It’s probable that your situation may be brought to my attention tomorrow. Then don’t claim that I decided against you despite inviting you to this meeting today, he joked.
He was grateful that Shehbaz Sharif, the prime minister, had proclaimed April 10 as Constitution Day. The Constitution was approved by the National Assembly on April 10, 1973, received presidential attestation the following day, and was officially published on August 14.
