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Thursday April 25, 2024

Pakistanis stand with Constitution and rule of law: Justice Isa

By Murtaza Ali Shah
March 10, 2022
Pakistanis stand with Constitution and rule of law: Justice Isa

LONDON: Supreme Court of Pakistan’s Justice Qazi Faez Isa has said that the late human rights champion Asma Jahangir was a trailblazer who achieved great things for Pakistan’s civil society and judiciary and set the highest of benchmarks.

Justice Qazi Faez Isa was addressing a large number of students as the guest of honour at “Asma Jahangir Lecture 2022 – role of judiciary in upholding democratic rights and processes” at the University of London, School of Oriental and African Studies (SOAS). Dr Martin Lau and Asma Jahangir’s daughter Mrs Sulema Jahangir also spoke to the students’ conference.

Justice Isa spoke at length about various aspects of Pakistani law and how Asma Jahangir changed the landscape of Pakistani politics and judiciary through her relentless struggle for the rights of the voiceless and the marginalised and showed extreme courage and character.

“We must acknowledge women like Asma Jahangir. She was a great trouble maker and judges were terrified of her. I say this in appreciation of her,” said the Supreme Court judge who visited London specially to pay tribute to Asma Jahangir, on the invitation of Pakistani students who gave the judge a standing ovation and listened to him intently.

He said: “Asma Jahangir set an example for all when she demonstrated that tyranny is not insurmountable and judiciary s is a vehicle to secure fundamental rights of all.”

Justice Faez Isa answered questions of students and interacted with them at length. When asked by a questioner about the “inherent corrupt Pakistani system that produces one after another corrupt government”, Qazi Faez Isa replied that the people of Pakistan have always decided in favour of the Constitution of Pakistan and have demonstrated, despite all the issues they face, that they stand with the Constitution and rule of law and therefore the wishes and will of the Pakistani people must be respected. He said that he had made assumptions in his questions and wondered why is it that some diaspora communities question the Pakistani system but remain silent on the same system in the western countries where they reside happily.

Activist Asim Saeed asked Justice Faez Isa about the Memogate case of former Pakistan ambassador to the US, Hussain Haqqani, and why he went against Haqqani and denied him the right of trial. Justice Isa responded that he was part of the bench that comprised two other judges too. He said he issued the verdict that Haqqani may not have liked but the fact is that the former Pakistan ambassador was “paid by the people of Pakistan, he gave an undertaking in the Supreme Court to come to Pakistan, he violated the agreement with the state of Pakistan. We were repeatedly calling on him to please come but he didn’t. Dissidents are fine to live abroad as they wish but if you are paid and have given an undertaking then it’s another matter.”

When asked a question about the Faizabad dherna judgement, Qazi Faez Isa said he cannot speak about it as there are review petitions alive but he added that Islam is a religion of peace and its followers should follow the examples set by the Last Prophet (Peace Be Upon Him) who was kindest to those who treated him unfairly and showed respect and love to everyone. “We need to follow His conduct and emulate His examples.”

Justice Faez Isa said that he was proud to be part of Pakistan’s judiciary and agreed that there is a long way to go to dispense justice on a speedy basis. He said that under him the cases of missing persons went down as he took special interest and made sure that there are no adjournments when cases of missing persons are fixed.

Asma Jahangir’s daughter and lawyer Sulema Jahangir said her mother stood up for the human rights of everyone regardless of their affiliations or personalities. She said Asma strongly believed in freedom of expression and would have condemned the strict penalties introduced to free speech through PECCA laws.

Sulema Jahangir said that Pakistan today was passing through one of the darkest phases of its history because of censorship and persecution of political opponents in the name of accountability.

She commented that lawyers wish to see much needed reforms in the courts. She also said that suo motu cases should not be taken that encroach upon the domain of the executive. Bloomsbury Pakistan co-hosted the Asma Jahangir Lecture in London. The first lecture was given by the Nobel Laureate Professor Amartya Sen.