Justice Qazi’s tenure as Chief Justice of the Supreme Court has experienced turmoil faced allegations of corruption, and included actions that many people believe undermined democratic values and the integrity of Pakistan’s judicial system. The recent transfer of power signifies the end of what many describe as a “dark era,” during which various decisions under his leadership have left the nation in disarray, impacting citizens and governance alike.
A Controversial Approach to National Elections
One of the most criticized aspects of Qazi’s tenure was his handling of the general elections. The government’s dissolution of both national and provincial assemblies required an election within 90 days. However, Qazi’s leadership disregarded this constitutional requirement, which postponed the elections. This unprecedented delay has shaken public faith in the electoral system, leading to widespread frustration among citizens. They have expressed concern about the erosion of democratic principles and have questioned the integrity of judicial oversight.
Furthermore, Qazi’s controversial decision to remove PTI’s bat symbol from the ballot has raised further suspicions regarding judicial impartiality. The decision effectively barred PTI, one of Pakistan’s leading political parties, from participating in the 2024 general elections with its historical emblem. This move has fueled outrage among PTI supporters, who see it as a strategic attempt to weaken the party’s influence. The act of tampering with a party’s symbols holds significant symbolic weight, as it strikes at the core of its identity and potentially shifts voter perception.
Human Rights Violations and Threats to Judiciary Members
The judiciary, traditionally seen as a bastion of justice, saw its members under threat during Qazi’s tenure. Judges who opposed certain policies reportedly faced intimidation and, in some cases, harassment, severely compromising human rights. In a rare show of solidarity, six High Court judges took the extraordinary step of writing a letter to the Chief Justice of Islamabad High Court, appealing for intervention and accountability for those responsible for the ongoing threats.
The alleged mistreatment of judges under Qazi’s leadership sparked alarm among judicial circles. The judiciary must act independently and without fear of reprisal; however, during this period, someone repeatedly tested that fundamental principle. As a consequence, public confidence in judicial impartiality declined, and the judiciary’s integrity suffered a severe blow. These incidents serve as a troubling reminder of the vulnerability of Pakistan’s judicial system to internal and external pressures.
Harassment of PTI Workers and Supporters
Justice Qazi’s era also saw an alarming level of police brutality against PTI workers and voters. Reports emerged of police raids, unwarranted arrests, and physical assaults on PTI supporters. Homes of prominent PTI members were raided, with families often harassed or intimidated. Many Pakistanis viewed these actions as politically motivated attempts to suppress opposition and stifle dissent, igniting widespread resentment among citizens who believe in democratic values and the right to political expression.
The physical targeting of PTI supporters, a situation never before witnessed at this scale, has left lasting scars on the nation’s political landscape. Many believe these actions have served to amplify the divide between supporters of PTI and other factions, creating a culture of fear that could harm Pakistan’s democracy for years to come.
Qazi’s Alignment with Establishment and Political Interests
Throughout his tenure, Justice Qazi was perceived by many as aligning closely with the country’s establishment, raising concerns about judicial independence. His perceived support for the ruling party, PML-N, further fueled these suspicions, leading to a perception that he acted in service of political agendas rather than upholding justice impartially. Furthermore, reports suggest that Qazi sought an extension of his position by three years, a move widely viewed as a ploy to retain influence within the judiciary. However, this attempt at extension ultimately failed, as the establishment opted not to support it.
The involvement of powerful state institutions in judicial matters represents a troubling trend for Pakistan’s democracy. Qazi’s tenure, which closely aligned with establishment figures, prompted many to question whether personal and political motives rather than adherence to the rule of law influenced his decisions.
Looking Forward: Rebuilding Trust and Democratic Values
The conclusion of Qazi’s tenure marks a pivotal moment for Pakistan’s judiciary and political landscape. As the nation moves forward, the judiciary faces the difficult task of rebuilding trust with the public, who have grown disillusioned by the turbulence of recent years. There is a pressing need to restore judicial independence, reinforce human rights, and ensure that future elections are held according to constitutional guidelines.
Justice Qazi’s era serves as a stark reminder of the need for robust checks and balances within the judicial system. Consequently, citizens and officials alike are now calling for reforms to prevent similar abuses of power and, furthermore, ensure that the judiciary remains a pillar of impartiality and justice.
Mansoor Ali Shah Letter Refusal to Attend the Reference for Chief Justice Qazi Faez Isa, dated 25th October, 2024
Here are the key points of the letter:
1. Tradition of Reference: Honoring an outgoing Chief Justice with a Reference is a tradition worldwide, symbolizing respect for their leadership and service. However, traditions must be earned by those being honoured.
2. Previous Refusal: Justice Mansoor Ali Shah previously refused to attend the Reference for Chief Justice Mian Saqib Nisar due to similar concerns about overstepping jurisdiction.
3. Role of Chief Justice: The Chief Justice should protect the rights of all people, uphold the judiciary’s independence, and secure justice. However, Justice Qazi Faez Isa has shown indifference to external pressures, failing to act as a check on power.
4. Failure in Leadership: Chief Justice Isa demonstrated a disregard for judicial harmony by failing to engage in meaningful dialogue and ignoring the judgments of the Court. His conduct has strained relationships within the judiciary and has lasting consequences.
5. Inappropriate Tenure Celebration: Celebrating Chief Justice Isa’s tenure would imply that a Chief Justice can undermine the judiciary’s strength and integrity, act vindictively, and still be recognized as honourable. Justice Shah, therefore, refuses to attend the Reference.
