Thursday May 19, 2022

A judge should be fearful of Allah, Constitution: Justice Faez Isa

January 23, 2022
A judge should be fearful of Allah, Constitution: Justice Faez Isa

LAHORE: Justice Qazi Faez Isa of the Supreme Court on Saturday said that the appointment of a judge was the most difficult task wondering if judges in the district judiciary were appointed after examinations why there was no such mechanism for appointments in the higher courts.

Justice Faez Isa expressed these views while addressing a gathering of lawyers at the Lahore High Court Bar Association (LHCBA). The judge also addressed at a function hosted by the Punjab Bar Council (PBC).

Justice Qazi Faez Isa said that it was said that he is brave, but he is of the view that a judge should be most timid and he prays to Allah Almighty to enable him to take decisions according to the constitution and law. He said that a judge should be fearful of Allah and constitution. Justice Qazi said, “I was called hope but the real hope is the lawyers who keep a check on us too”.

He said today topic was so difficult that it seemed as if he had come to give a paper. He said that there is a basic complaint that decisions are made years later. There was a time when federal laws were published in Pakistan Code but now this practice has been discontinued. He said when he was a practicing lawyer it was very difficult for him to find judgments but now judgments of the Supreme Court can be found on the website. Justice Faez said that some work has been done in English language but much work needs to be done in Urdu. "I don't understand why it can't be published in Urdu if it can be made in English," Justice Isa said. He said that the legislation process in the assemblies should be made public in Urdu for the benefit of maximum population. He said usually the legislation was made in English and majority of the citizens remained unfamiliar with the laws being introduced in the country. He said that how they could ask people to abide by law if they don’t know the law.

He said that as Chief Justice Balochistan High Court he had prepared a checklist to deal with the delay of cases. The checklist was taken from the Civil Procedure Code and the law, he added. He said that the Balochistan High Court had made it mandatory that the case will not be delayed due to presence of the lawyer at somewhere else. Addressing lawyers, Justice Isa said protest is your right, but bringing resolutions and writing letters can also draw attention towards principled issues. He said that lawyers' strike is a punishment for the litigants as judges and staff do not care as they continue to receive salaries while the litigants suffer. We are tired of saying that lawyers and judges are two wheels of a car but a vehicle runs smoothly only if both wheels are of the same size, Justice Esa added.

He said that some lawyers are scared by the use of technology. He advised young lawyers that writing skills are important but law colleges do not pay attention to writing skills. I have delivered a written speech today and it can be quoted as reference against me as well, Justice said. He said that contribution of women population was critical for the progress of the country. Justice Qazi said that he had proposed the nomination of the first woman judge in Balochistan High Court. I was not a member of the Judicial Commission at that time, so I do not know why the Balochistan High Court judge was not taken to the Supreme Court, Justice Esa added.

He also talked about the delay in registration of FIR on the complaint of his wife against death threats hurled on him. He said the offence was related to the terrorism but a FIR was registered under the cyber crime law.

Appointing a judge is the most difficult task and when the test can be taken for civil judge and additional session judges, I don't know why it can't be for others, Justice Qazi Faez Isa concluded.

Earlier, LHCBA president Maqsood Buttar paid tribute to Justice Isa by recollecting his judgments especially in the “Faizabad dharna” and “judges’ plot” cases. He welcomed the appointment of Justice Ayesha A. Malik as first woman judge of the Supreme Court, however, expressed concern over violation of the seniority principle.

Buttar also questioned a very low strength of women judges in the Lahore High Court. Justice Qazi Faez Esa is the last candle of hope and will not let this candle go out under any circumstances, Buttar concluded.