Reference against Qazi Faez: Govt-opposition face off hypes

ISLAMABAD: The increase in the number of Islamabad High Court (IHC) judges agreed between the government and opposition fell victim to their renewed tussle, which intensified by the filing of a reference against reputed Supreme Court Judge, Justice Qaze Faez Isa.

The opposition’s ire, hyped by the reference, was amply reflected by the Senate when it put its foot down by rejecting an amendment to the IHC act, seeking raise in the tally of IHC justices from six to ten.

In addition, the opposition-dominated Senate, voicing its concern over the move, approved a resolution calling for its withdrawal by President Dr Arif Alvi, who serves as a post office to send the reference to the Supreme Judicial Council (SJC).

These two developments took place at the same time with the small treasury benches of the ruling coalition protesting. However, because of its numerical superiority in the Upper House of Parliament, the opposition prevailed, and Senate Chairman Sadiq Sanjrani had to go with it as required under the rules.

The embarrassment and pressure faced by the government underlined once again that such activities can’t be stopped in the Senate unless there is at least a working relationship between the government and the opposition.

While the National Assembly will take up the explosive issue of the reference in its next session because the ongoing session was suddenly prorogued sine die amid intense pandemonium, the Senate quickly vented out its views on the move against the famed apex court judge.

During his incumbency, outgoing Chief Justice Saqib Nisar had recommended increase in the number of IHC judges. In January this year, he remarked that it has been four months since the incumbent government took over reins of the country, but it could not pass one bill. The Islamabad advocate general informed him during the hearing of a case pertaining to increasing number of IHC justices that the federal cabinet has accepted the recommendation.

At this, the chief justice said he should be told through proper channel as to what legislation had been made. He directed the advocate general to inquire about the matter from the law secretary, saying that the IHC was unable to function in the current situation. He further directed him for tabling of the draft legislation prepared by the government in parliament. He said the present IHC judges were greatly burdened.

Keeping in view the chief justice’s remarks, the government prepared the bill and got it passed from the National Assembly. However, Pakistan Muslim League-Nawaz (PML-N) leader Rana Sanaullah had argued in the National Assembly Standing Committee on law when it had taken up this bill that the number of judges in all the high courts should also be increased and such a raise should not be confined to the IHC only.

Despite PML-N’s reservations, the Senate Standing Committee on Law and Justice, on May 16, 2019, approved the bill when it had met under the chairmanship of PML-N Senator Javed Abbasi. Generally, when a bill is passed by a House body, it earns approval of the concerned House without much problem. But, in the instant case the government-opposition tussle over the reference against Justice Faez Isa disappeared the agreement in the Senate panel over the IHC bill.

The Senate also mirrored its anger through the resolution that termed the filing of the reference mala fide and politically-motivated. It denounced the move against the upright and independent judges and described it as a direct attack on the independence of judiciary, aimed at stifling the voices of reason, truth and justice in the highest judiciary. The Senate expressed full solidarity with the judiciary, lawyers’ elected representatives and bar councils.