CJP Faez Isa clarifies he’s not interested in tenure extension

Says predicting cases verdicts based on benches composition is over now.  Every judge has some sort of inclination.  At full court marking the start of new judicial year, CJP outlines several reforms aimed at enhancing judicial process including live broadcasting of hearings.

ISLAMABAD   -  Chief Justice of Pakistan Qazi Faez Isa Monday said that previously, it was common to predict the outcome of a case just by looking at the bench, but now, even he does not know which judges will sit alongside him for hearing of a case.

The CJP stated this while he was speaking at the Full Court reference, which was held to mark the start of the new judicial year. Attorney General for Pakistan, Vice-chairman Pakistan Bar Council (PBC) Farooq H Naek and President Supreme Court Bar Association Shehzad Ahmed Malik also spoke on the occasion.

Besides, Justice Qazi Faez Isa once again clarified that he is not interested in extension in his tenure as the Chief Justice of Pakistan. After the Full Court reference, in an informal interaction with the members of the Press Association of Supreme Court at the SC building, Justice Faez denied Rana Sanaullah’s assertion on his extension.

The Chief Justice said that Rana Sanullah was not present in the meeting where the issue of extension of judges was discussed.

Addressing the reference, the CJP outlined several reforms aimed at enhancing the judicial process, including live broadcasting of hearings. He noted that the decision to air cases of public interest was made to provide direct access to court proceedings.

“The purpose of live transmission was to show our performance to the public. Before this, people only knew what TV channels or YouTubers reported,” he explained. He pointed out that the first case broadcast live was the Practice and Procedure Act, which was heard by the full court. The ruling led to a transfer of powers from the Chief Justice to a panel of three judges.

The Chief Justice also highlighted changes in court procedures, including the approval of the cause list. “Previously, the Chief Justice would approve the cause list every Thursday, and had the authority to modify it.” “That power has now been abolished, and it is now the Registrar’s responsibility to schedule cases for hearings. The cause list no longer comes to the Chief Justice,” he said.

He further mentioned that he had returned luxury vehicles provided for official use, including a bulletproof Land Cruiser stationed at the Lahore registry. “I told the government to sell these cars and buy buses for the public instead,” Justice Faez added.

Addressing the issue of judges’ inclinations, the chief justice noted that “every judge develops certain tendencies over time”. He added, “It becomes somewhat clear if a case lands with a particular judge, whether they would lean towards the prosecution or not. This happens all over the world.”

Justice Faez also revealed that all staff members on deputation at the SC had been sent back, as no one should remain in such positions for more than three years. “Their stay was preventing the promotion of permanent employees. With their departure, 146 Supreme Court employees have been promoted and 78 new appointments made,” he stated.

Regarding case assignment, he clarified that “it’s no longer the Chief Justice who assigns cases, but a committee. Criticize, but speak the truth and report the facts.”

AGP Usman Mansoor Awan said that it is time to go back to the drawing board, identify bottlenecks and target them specifically. This will, of course, require a combined effort from the bar the bench. “We must also look at the tools available to us with the developments in information and communication systems and technologies,” said the AGP.

Vice Chairman PBC said: “We must work towards a process that ensures elevation of most qualified and impartial individuals, free from undue influence. It is imperative that mode of appointment of Judges need to be changed with consensus of all stakeholders.”

He also said that a more rigorous, merit-based selection process is essential, ensuring candidates are chosen for their legal expertise, integrity, and commitment to justice. This will help build a judiciary that commands public confidence.

He urged the Court to revisit its judgment in Munir Bhatti’s case as it has stifled the powers of Parliamentary Committee on judges’ appointment. The judgment is an encroachment on their powers and is violative of principle of separation of powers as enshrined in Constitution of Pakistan. It is imperative to have a relationship based on law and constitution between judiciary and parliament.

He continued that Article 209 of Constitution regarding conduct of a Judge needs to be made more effective and transparent. Effective rules be framed for deciding a complaint against conduct of a Judge within a certain period. Regarding exercise of suo motu powers under Article 184(3), clearer guidelines are necessary. These should be developed through a consultative process with all stakeholders, including judiciary and legal community. A well-defined framework will ensure this power is used judiciously, maintaining a balance between enforcing the law and protecting individual rights.

Naek added that We need to reform use of contempt of court laws to align them with free speech and democratic principles. While it is crucial to protect judiciary’s dignity, these laws should not suppress legitimate criticism. A constructive dialogue within legal community can refine these laws, ensuring fair application that strengthens public trust.

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