The judges of the Supreme Court have been the talk of the town for all the right and wrong reasons for a while now.
Recently, there were professional rifts observed between the judges sitting on benches for different cases. Then, after some cases, that are said to be outside the jurisdiction of the SC, were filed with it, and when judges subsided towards decisions, some media trials happened of those judges, supported by the government. These things progressed from professional rifts into personal ones.
When Imran Khan was in power, Justice Qazi Faez Isa was politicised. A referendum was filed against him, claiming that he was corrupt, but he was found innocent by the courts. This is where it all started when Justice Isa was controversialised.
It is necessary to mention here, that, according to media reports, Justice Isa was not being benched in important cases and that the Chief Justice was ‘against’ him because he was only hearing ‘small cases,’ and on one account he also voiced his concern that he was a senior judge of the SC and was not being benched accordingly.
Justice Isa was also recently appointed as the head of a judicial commission by the government to investigate the contents of audio leaks on social media, but that was also stopped by the SC in a petition against it because the government had reportedly not asked the Chief Justice to allow Justice Isa into a judicial commission. After the commission was stopped, Justice Isa also reportedly said, “Audio leaks, Kon karta hai, ye baad mein pata Laga lete.” My words to his response are, Sir, kiyun baad mein pata Laga lete? Pehle source pata karain aur phir content dekhain jaise poori dunya mein hota hai.”
When it was a well-known fact that there may be a rift between the judges, a few days ago, Justice Qazi Faez Isa was appointed as the Chief Justice of Pakistan by the same President who accepted a referendum against him, 3 months before the current CJ’s retirement.
I think, that this appointment was made to fuel the rift. In the recent hearing where Justice Isa was on very short notice, added to the cause list to hear the petitions against military courts, probably because he was often seen as a constitutionalist, he spread his wings, termed all benches of the SC illegal because of the pending ‘SC practice and procedure bill,’ and excused from the bench alongside Justice Tariq, even when the Chief Justice asked Justice Isa to stay.