President of Pakistan, Dr. Arif Alvi administered the oath of office during a ceremony at Aiwan-i-Sadr in Islamabad. Caretaker Prime Minister Anwaarul Haq Kakar and Chief of Army Staff Asim Munir attended.
Footage broadcast on television also showed top court judges Justice Ayesha Malik, Justice Shahid Waheed, Justice Jamal Khan Mandokhail, Justice Aminuddin Khan, Justice Athar Minallah, Justice Mazahir Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, and Justice Yayha Afridi attending the swearing-in ceremony.
The ceremony began with reciting the Holy Quran, after which the notification for Justice Isa’s appointment was read out. The president then administered the oath to Justice Qazi Faez Isa, whose wife, Sarina Isa, stood by his side.
Who is Justice Isa?
Born in Quetta on October 26, 1959, Justice Qazi Faez Isa is the son of the late Qazi Mohammad Isa of Pishin, who was at the forefront of the Pakistan Movement and a close associate of Quaid-i-Azam Muhammad Ali Jinnah.
Justice Isa’s father was the first person from the province to acquire the Bar-at-Law degree and helped establish the All India Muslim League in Balochistan after his return from London. His father had served as the only member on the Central Working Committee of the All India Muslim League from Balochistan.
Begum Saida Isa, Justice Isa’s mother, was a social worker and worked honorarily on the boards of hospitals and other charitable organizations focusing on education, children, and women’s health issues.
After completing his primary and secondary education in Quetta, Justice Qazi Faez Isa moved to Karachi to finish his ‘O’ and ‘A’ levels at the Karachi Grammar School (KGS). He then studied law in London, where he completed his Bar Professional Examination at the Inns of Court School Law, London.
Justice Isa enrolled as an Advocate of the Balochistan High Court on January 30, 1985, and as an Advocate of the Supreme Court in March 1998.
He has practiced law for over 27 years before the High Courts of Pakistan, the Federal Shariat Court, and the Supreme Court of Pakistan. He became a member of the Balochistan High Court Bar Association, the Sindh High Court Bar Association, and a Life Member of Pakistan’s Supreme Court Bar Association.
Occasionally, he was called upon by the High Courts and the Supreme Court as amicus curiae and rendered assistance in certain complicated cases. He has also conducted international arbitration. Justice Qazi Faez Isa took oath as a judge of the Supreme Court of Pakistan on September 5, 2014.
Challenges ahead
The biggest challenge Justice Qazi Faez Isa may encounter during his tenure as the CJP would be unifying the court and restoring the court’s credibility so that no one could point the finger at the court’s judgments.
The perceived practice of forming a particular bench consisting of ‘like-minded judges’ to hear constitutional matters of public importance has become the basis of criticism of the top judiciary.
There has been a general feeling that senior judges needed to be included in forming benches to achieve the desired outcomes of the proceedings.
On his first day at the helm on Monday, Justice Qazi Faez Isa will take up a set of challenges to the Supreme Court (Practice and Procedure) Act 2023, a bill that required the formation of benches on constitutional matters of public importance by a committee of three senior judges.
On April 13, an eight-judge bench headed by the outgoing CJP suspended the enforcement of the Supreme Court (Practice & Procedure) Act, 2023.
In a statement, a Justice Isa-led commission had earlier questioned the formation of a bench that was hearing a set of six challenges against the probe body formed to look into the audio leaks, saying that the bench hearing the matter was not determined by a three-member committee of judges as required under the suspended Act.
Since the petitions challenging the audio commission were not fixed before the bench constituted by the committee of judges, they can only be heard once the committee determines which bench should hear them, the commission had stated.
On June 3, Justice Isa decided not to sit on a nine-judge bench hearing cases on the trial of civilians by the military courts, saying he did not want to violate the suspension of the law until the court decides about the vires of the practice and procedure law he will not sit on the benches. As a result, Justice Isa chose to do chamber work instead of holding court hearings.
The biggest test Justice Isa may face as the CJP, according to a senior counsel who wished not to be named, will come when the controversy regarding general elections within 90 days of the dissolution of the national and provincial assemblies may land in the Supreme Court.
In addition, he will also have to maintain a working relationship with the executive. President Arif Alvi asked the Election Commission of Pakistan to seek guidance from the Supreme Court on holding general elections on the same day.
About the pending hearing on the trial of civilians by the military courts, the council explained that the case might not be his challenge. Still, of the entire court, and since Justice Qazi Faez Isa had already expressed his opinion in an earlier case, he might even choose to sit on the bench.
In a dissenting judgment against military courts in August 2015, Justice Qazi Faez Isa observed that the 21st Amendment does not succeed in its attempt to try civilians by the military and that the Anti-Terrorism Act of 1997, if implemented, would help to stem terrorism and ensure the conviction of terrorists.
To determine how Justice Qazi Faez Isa will conduct his business at the SC, the senior lawyer said he “officially assumed the role of the 29th Chief Justice of Pakistan in a solemn ceremony on Sunday.
This historic event took place at Aiwan-i-Sadr in Islamabad and was marked by a significant swearing-in ceremony conducted by President Arif Alvi. Notable dignitaries graced the occasion with their presence, including Caretaker Prime Minister Anwaarul Haq Kakar and Chief of Army Staff Asim Munir.
Distinguished Judicial Presence
The event was attended by esteemed members of the top court, with notable judges such as Justice Ayesha Malik, Justice Shahid Waheed, Justice Jamal Khan Mandokhail, Justice Aminuddin Khan, Justice Athar Minallah, Justice Mazahir Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, and Justice Yayha Afridi participating in the swearing-in ceremony.
Oath-Taking and Inaugural Rituals
The ceremony commenced with reciting the Holy Quran, setting a spiritual tone for the proceedings. Following this, the official notification confirming Justice Isa’s appointment was read aloud. President Arif Alvi then administered the oath of office to Justice Qazi Faez Isa, with his wife, Sarina Isa, standing by his side, symbolizing a moment of shared commitment to justice and service.
Getting to Know Justice Qazi Faez Isa
Born in Quetta on October 26, 1959, Justice Qazi Faez Isa has a rich background steeped in Pakistan’s history. He is the son of the late Qazi Mohammad Isa of Pishin, a prominent figure in the Pakistan Movement and a close associate of Quaid-i-Azam Muhammad Ali Jinnah.
Justice Isa’s father was a trailblazer who played a pivotal role in establishing the All India Muslim League in Balochistan after obtaining the Bar-at-Law degree in London. His father’s contributions also extended to serving as the sole member of the Central Working Committee of the All India Muslim League from Balochistan.
Justice Isa’s mother, Begum Saida Isa, was an active social worker known for her honorary service on the boards of hospitals and charitable organizations, with a special focus on education, children’s welfare, and women’s health issues.
After completing his primary and secondary education in Quetta, Justice Isa pursued his ‘O’ and ‘A’ levels at Karachi Grammar School (KGS) in Karachi. He furthered his academic journey by studying law in London, where he completed his Bar Professional Examination from the Inns of Court School of Law.
Justice Isa embarked on his legal career, enrolling as an Advocate of the Balochistan High Court on January 30, 1985, and later becoming an Advocate of the Supreme Court in March 1998. Over his impressive 27-year legal career, he practiced before various High Courts of Pakistan, the Federal Shariat Court, and the Supreme Court of Pakistan.
He was a valued member of the Balochistan High Court Bar Association, the Sindh High Court Bar Association, and a Life Member of Pakistan’s Supreme Court Bar Association. His expertise extended to international arbitration, and he was frequently called upon by the High Courts and the Supreme Court to serve as amicus curiae in complex cases.
Justice Qazi Faez Isa assumed the role of a judge of the Supreme Court of Pakistan on September 5, 2014, marking a significant milestone in his legal career.
Challenges on the Horizon
As Justice Isa takes the helm as the Chief Justice of Pakistan, he faces substantial challenges. The foremost task on his agenda is the unification of the court and the restoration of its credibility. The court’s judgments must be perceived as impartial and just, free from any influences or biases.
One major concern to address is forming benches composed of ‘like-minded judges’ for hearing constitutional matters of public importance. This practice has drawn criticism and raised questions about the judiciary’s independence. Justice Qazi Faez Isa’s tenure will focus on addressing these concerns, with particular attention to the Supreme Court (Practice and Procedure) Act 2023.
This Act, which has faced suspension, requires the formation of benches for constitutional matters by a committee of three senior judges. The challenges surrounding its implementation and the appointment of benches need to be carefully examined and resolved during his leadership.
Another significant test awaits Justice Qazi Faez Isa regarding general elections. The controversy surrounding elections within 90 days of the national and provincial assemblies’ dissolution could land in the Supreme Court.
Navigating this complex issue and maintaining a working relationship with the executive branch, as demonstrated by President Arif Alvi’s request for guidance on holding simultaneous general elections, will be a vital aspect of his role.
Furthermore, the pending cases related to the trial of civilians by military courts will likely be a collective challenge for the entire court. Justice Qazi Faez Isa’s earlier observations will be crucial in determining the course of action.
With his deep understanding of the legal landscape and a clear grasp of the dynamics, Justice Qazi Faez Isa is poised to lead the court effectively during his tenure. He also faces the daunting task of addressing the backlog of over 56,000 cases, ensuring justice is served efficiently and promptly.
The dynamics were clear” as he remained the top judge of the Balochistan High Court from 2009 to 2014—a very sensitive period when military operations were ongoing in Balochistan. Another challenge for Justice Qazi Faez Isa will be tackling the whopping pendency of over 56,000 cases.