Mr Justice Qazi Faez Isa took oath on Sunday as the 49th Chief Justice of Pakistan for what should be a 13-month tenure, ending next October with his retirement. That he assumed the office should have been a formality, but it proved a vindication of sorts, for the PTI government had tried its hardest to prevent his elevation, by getting him removed from the Bench, through a presidential reference related to his tax returns, also involving his wife. The Supreme Court finally heard the matter when Mr Justice Isa moved a petition against the proceedings of the Supreme Judicial Council, which was then hearing the case. It decided that the proceedings were unlawful because the reference was. The government’s review petition was rejected, but it moved something it called a curative review petition, which remained before Chief Justice Isa’s predecessor, Mr Justice Umar Ata Bandial, even though the Shehbaz government had withdrawn it.
However, Chief Justice Isa will not have time to bask in the vindication, which was symboliized by the presence of his wife at his path-taking. It is also worth noting that the oath was administered by President Arif Alvi, who had sent the reference against him. The Prime Minister who advised the reference, Imran Khan, is languishing behind bars. The ISI DG, Lt Gen Faez Hameed, whose agency had been criticized during the Faizabad dharna of the Tehreek Labbaik Pakistan by Mr Justice Isa in a judgement, was retired, as was his boss, COAS Gen Qamar Javed Bajwa. The men might have gone, but the institutions they headed are there, and as opinionated as before. Perhaps the most immediate task the Chief Justice will face will be whether or not the elections are held on time. This is probably where he will find a clash between the institutions and the Constitution. This is also the arena where his reputation as a strict follower of the Constitution and the law will be tested most strongly.
However, the main task the new Chief Justice faces is how to restore the image of the Supreme Court as a neutral institution. His predecessor left much to be desired in this respect, and while he has retired, there are a number of judges on the Bench who assisted him in making what seemed partisan decisions, including future Chief Justices of Pakistan. However, as mentioned, the new Chief Justice has the reputation of being a strict constituionalist, and the Constitution is going to be his best guide.
