Thursday, August 22, 2024

Pakistan's Predicament: The Judiciary and the Role of the Chief Justice

 


Pakistan's Predicament: The Judiciary and the Role of the Chief Justice

In the history of Pakistan, there have been many Chief Justices and there is hardly any judge among them who has not become controversial.

Pakistan's judiciary is full of such controversial judges and decisions 

Any judge who is going to be the Chief Justice is already made controversial or he becomes controversial by his own decisions.

In 2024, similar to the other years, the same old thing has changed, however like the other years, because of disputable choices, this year has been exceptionally weighty on the legal executive. Numerous charges will be made against the legal executive and instances of tension on the appointed authorities have likewise been accounted for, in which the unmistakable case is the situation of strain on the adjudicators of the Islamabad High Court, which is happening in the High Court and numerous hearings have additionally been held.


Some judges have resigned due to incidents like pressure on the judiciary


CJ of Pakistan



Pakistan's Predicament: The Judiciary and the Role of the Chief Justice

At present the Chief Justice of Pakistan is Qazi Faiz Isa who took his oath last year

If we look at the history of the Chief Justice, he became the Chief Justice of Balochistan straight from being an advocate 

Before becoming the Chief Justice, Qazi Faiz Isa was very vocal on important issues such as freedom of expression, interference by institutions and missing persons and mentioned these issues repeatedly in many of his decisions.

The whole of Pakistan and many senior analysts had hoped from Mr. Qazi Faiz Isa that the issues like ban on media and missing persons etc had been brought under control.

Before becoming the Chief Justice of Pakistan, a presidential reference was filed against him by the previous government for making assets abroad, in which he was later given relief and according to some analysts, he was not completely given a clean chit and it was also said. That this case was made by the then establishment to control them later the establishment put it on the then government.

When Qazi Faiz Isai held Imran Khan, the head of a political party, responsible for it, and later it was clearly seen that Qazi Faiz Isai used to criticize Imran Khan and his party in the cases. And some posts of his Begum were seen on social media in which she was seen criticizing Imran Khan.

Because of which, former Chief Justice Umar Attabandial stopped Qazi Faiz Isa from hearing the absolute cases of Imran Khan.

Some of his actions made him controversial

After taking the oath of Chief Justice Qazi Faiz Isa, he heard many cases including Practice and Procedure Bill, NAB Amendments, Zulfiqar Ali Bhutto and recently he heard the case of specific seats.

Qazi Faiz Isai is not seen as active as he was before becoming Chief Justice. Now they don't talk about issues like freedom of expression, interference of institutions and missing persons, but it was seen that they avoid hearing all the cases related to these issues.


CJ vs Imran Khan


Pakistan's Predicament: The Judiciary and the Role of the Chief Justice


After becoming the Chief Justice, it was also seen that his inclination is more towards the government and its allies and on the other hand, the opposition party Pakistan Tehreek-e-Insaaf and Imran Khan seem to be more opposed.

The clear confirmation of which is the controversial decisions he will make recently in political cases in which he targeted a political party and its leader Imran Khan.

For example, withdrawing the symbol of the bat from Pakistan Tehreek-e-Insaf before the election and appointing the bureaucracy instead of judges in the election and the damage caused to a political party and Pakistan Tehreek-e-Insaf blame Qazi Faiz Isa for the irregularities in the election. . The former commissioner of Rawalpindi made a clear admission of rigging the election and snatching seats from Pakistan Tehreek-e-Insaaf in his press conference and he blamed Qazi Faiz Isa for this, later he disappeared and was placed under house arrest.

Recently, he heard the case of certain narcissists, and this hearing will be seen on all televisions and Pakistan saw it. In this case, Qazi Faiz Isa was seen taking the side of the government coalition while his fellow judges, disagreeing with his view, gave all the seats to the opposition party Pakistan Tehreek-e-Insaaf and after which it is said that he may now have a term in office. Can't take the extension. He is also accused of taking bat mark from Pakistan Tehreek-e-Insaaf so that he can extend his tenure and he never did this matter has sometimes denied and on the other hand government members were found saying at many places that they want to extend the current Chief Justice.

Imran Khan and his party many times disbelieved the Chief Justice to separate from all our cases, but the Chief Justice remains firm and does not separate.


CJ vs Media

Some senior analysts, including Imran Riaz Khan, Sami Ibrahim, Moeed Pirzada and countless journalists see the era of Qazi Faiz Isa as a dark era and they seem to express this many times in their interviews that they They did not get justice in the era of Even Imran Riaz also complains that when he was abducted and disappeared, he did not raise any voice and did not take any steps for recovery.

 There is also an opinion about Qazi Faiz Isa that he only takes actions for his favorite people and journalists.

After Qazi Faiz Isai became the Chief Justice, he had claimed that no pressure can be put on any judge or any court during his time as it has been happening in the past. This claim fell into disrepute when widespread pressure was put on judges and subordinate lower courts to make arbitrary decisions in political cases before the nation.

A clear proof of the pressure is the letter of all the honorable judges of the Islamabad High Court which they wrote to the Chief Justice Qazi Faiz Isa.

According to senior analysts, they did not find Qazi Faiz Isa to be the same as he was before he became the Chief Justice and it is also said that the amount of pressure and pressure was put on the lower courts and judges during the tenure of Qazi Faiz Isa. It was not like that before.

During his tenure, some judges could not bear the pressure and resigned


If seen, the judiciary of Pakistan has played an important role in the misery of Pakistan
Among which the most serious issue is not making decisions on time and keeping them in abeyance more than necessary.
Due to the worst performance of Pakistan's judiciary in the world, it is at number 131, which is a shame for a country of 25 million people.

One of the major reasons for the lack of investors and investments from foreign countries is the failure of the judicial system. The judicial system of Pakistan is in complete ruin.

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