Judges’ elevation: Conduct of ex-law minister, AGP astounding, says Justice Qazi Faez Isa

KARACHI: The Supreme Court’s senior judge, Justice Qazi Faez Isa, on Saturday expressed astonishment over the conduct of the then federal law minister and attorney-general of Pakistan for deviating from their previous stance in the judicial commission’s meeting in the matter of the recent elevation of high court judges to the SC. 

Addressing the Sindh High Court Bar Association’s annual dinner, Justice Isa, who was also a member of a judicial commission, said that the vote of a judicial commission member is a trust that should be used without any fear or favour.

Justice Isa said that he was astonished over the conduct of the law minister and attorney-general of Pakistan for deviating from their previous stance, which they took in the judicial commission’s meeting on the elevation of high court judges to the Supreme Court. He stated that the Constitution guarantees every commission member the right to vote and that the appointment of judges should be made through deliberate and meaningful consultation among commission members.

He claimed that federal ministers used to take oaths under the Constitution, similar to judges, promising to carry out their duties without fear or favour. Still, now they vote in commission without providing any valid reasons.

He said that those who could not exercise their right to vote independently should resign, referring to the famous US politician’s quote that people who could not stand the heat of the kitchen should keep out of it. Justice Isa urged the legal fraternity to remain independent and avoid asking for any grant from the government. He said that if the bar expects the judiciary to remain independent, then it is likely that the bar should also remain independent from the executive, as the grants the government pays come from taxpayers’ money. He said that the bar should not request that any law minister, chief minister, or prime minister grant aid to them and be grateful to them. He was of the view that government funds used for the transportation of government officials should be utilised for improving the public transport system to resolve the transport problems. Recalling the sacrifices of lawyers and citizens for the rule of law during the lawyers’ movement, Justice Isa emphasised that lawyers should not forget May 12, 2007, when more than 55 citizens of Karachi sacrificed their lives for the rule of law and vowed that past mistakes should not be allowed to be repeated. He said that the lawyers’ movement was not meant for the protection of judges’ jobs but for the independence of the judiciary.