In a critical juncture for Pakistan, Justice Qazi Faez Isa has taken the helm as the country’s top judge, inheriting a multitude of pressing issues. As his tenure begins, over a hundred civilians languish in military custody, controversial legislation lacking the President’s assent has been published in the gazette, timely elections seem uncertain, and the backlog of cases in the Supreme Court has surged to over 56,000.
In a pivotal moment earlier this year, Justice Isa attended a convention commemorating the 50th Anniversary of the Constitution. During his address, he passionately held up a copy of the Constitution, proclaiming, “This book is our identity, Pakistan’s identity. I want to say on behalf of my institution that we are also defenders of the Constitution. And if I do not do that, then you can criticize me.”
Now, Justice Isa faces significant challenges that will test his leadership:
- Amendments to the Pakistan Army Act and Official Secrets Act: Controversial amendments to the Pakistan Army Act and the Official Secrets Act have recently been published in the gazette, despite lacking the President’s formal approval. These changes expand the military’s role in national development and grant military courts jurisdiction over serving and retired military personnel. Justice Isa’s Supreme Court will now evaluate the legality of these amendments.
- Delay in Elections: The Constitution mandates that general elections must be held within 90 days of the dissolution of the national or provincial assembly. However, two provinces have been without representation for an extended period, with no definitive election dates set. The Election Commission of Pakistan (ECP) and caretaker governments are embroiled in disputes over the authority to announce election dates, potentially leading to further legal battles.
- Administration of the Court: Justice Isa inherits a Supreme Court grappling with a staggering backlog of over 56,000 cases, causing prolonged delays in justice delivery. He must prioritize efforts to reduce this backlog and streamline the legal system to ensure timely access to justice for all citizens.
- Unifying the Court: The judiciary has been marred by internal divisions in recent times. Justice Isa’s leadership will be pivotal in fostering unity within the court, allowing it to effectively uphold the Constitution and dispense justice impartially.
As Justice Isa embarks on his tenure as Chief Justice, Pakistan awaits his approach to these pressing issues and his commitment to safeguarding the Constitution and the rule of law in the nation.