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Pakistan

CJP Qazi Faez Isa Responds to Criticism Over Changes to Bench Formation Committee

by Mohammed Ahmed September 27, 2024
written by Mohammed Ahmed September 27, 2024
741

Chief Justice of Pakistan (CJP) Qazi Faez Isa has issued a four-page letter addressing concerns raised by Senior Puisne Judge Justice Mansoor Ali Shah regarding recent changes to the Supreme Court’s bench formation committee. Justice Shah had criticised the removal of Justice Muneeb Akhtar from the committee, describing the changes as a “one-man show” and expressing concerns over the court’s handling of critical matters.

CJP Isa defended his decision to replace Justice Akhtar on the three-member panel, citing several reasons, including Justice Akhtar’s opposition to the Supreme Court Practice and Procedure Act and his perceived indifference to the backlog of cases. The CJP noted that Justice Akhtar had availed himself of a full summer vacation while the court faced a growing caseload, suggesting this demonstrated a lack of urgency in addressing the backlog.

Additionally, CJP Isa pointed out that while Justice Akhtar was on vacation, he expressed a desire to participate in committee meetings, implying a lack of trust in the senior judge presiding over the court in his absence. The letter also highlighted that Justice Akhtar had refused to hear urgent constitutional cases and had limited his focus to specific matters, which the CJP described as unprecedented.

CJP Isa further criticised Justice Akhtar for alleged rude behaviour towards a committee member and for frequently adjourning cases, sometimes completing his court duties early in the day. The letter mentioned Justice Akhtar’s quick issuance of stay orders in high-profile constitutional cases but failure to resolve those matters swiftly.

Justice Mansoor Ali Shah had described the situation as a “constitutional crisis,” a term which CJP Isa found troubling. The CJP questioned the purpose of using such language, warning that it could undermine political and economic stability. CJP Isa also defended his appointment of Justice Aminuddin Khan as the third member of the committee, stating that the law allowed him discretion to nominate any judge.

Addressing Justice Shah’s decision to boycott the committee until Justice Akhtar was reinstated, CJP Isa argued that this stance was contrary to the law. He urged Justice Shah to reconsider his position for the smooth functioning of the Supreme Court and to focus on resolving the accumulated backlog of cases.

The letter concluded with CJP Isa dismissing allegations of cherry-picking judges and running the court as a “one-man show,” calling such accusations unfounded.

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