Legal

Faiz Essa will not become the Chief Justice

Justice Qazi Faez Isa is a senior judge in Pakistan and currently serves as a judge in the Supreme Court of Pakistan. He was born on October 26, 1959, in Quetta, Pakistan. Justice Isa is known for his independent and principled decisions and his commitment to upholding the rule of law. His father was one of the 19 founding members of Muslim League in Pakistan. The only one from Baluchistan.

A report said in 2015 about Qazi Faez Esa,

On November 22, 2018, a two-judge SC bench, comprising Justice Qazi Faez Isa and Justice Musheer Alam, reserved its judgment against the terror tactics of Tehreek-i-Labbaik Pakistan and closed the hearing of the case that was initiated on suo motu on November 21, 2017. During the proceedings, the bench dished out severe criticism to the attorney general, media regulator, and other stakeholders.

In its conclusions to the judgment, the court directed the federal and provincial governments to monitor and prosecute those advocating hate, extremism, and terrorism. It also ordered the defense ministry and respective chiefs of the armed forces to initiate action against armed forces personnel found to have violated their oath. It has been two years since this judgment was issued, and unfortunately, not much has changed.

The judgment also noted that the Director General of the Inter-Services Public Relations (ISPR) has taken to commenting on political matters, and the military must never be perceived to support a particular political party, faction, or politician. It highlighted the importance of keeping intelligence agencies away from political matters.

The perception that ISI may be involved in or interferes with matters with which an intelligence agency should not be concerned with, including politics, therefore was not put to rest.

Justice Qazi Faiz Esa is a true patriot who stands up for what is right, regardless of the consequences. He has been vindicated today, and we should all take a moment to reflect on the importance of upholding the rule of law and protecting our democratic values.

In 2019, Justice Isa was embroiled in a controversy when the government accused him of not disclosing his assets and referred the matter to the Supreme Judicial Council (SJC), which is responsible for investigating complaints against judges. The case attracted widespread attention, with many arguing that the government was targeting Justice Isa because of his independent stance and his criticism of the government’s policies.

Karachi bar council strikes right on the heels of resignation of dep attorney general. Blasts the reference against Justice Qazi Faez Esa as vindictive revenge for the Quetta Report & the Faizabad Dharna judgment. Threatens a movement bigger than 2007.

President Arif Alwi signed the reference sent to Supreme Judicial Council against Justice Qazi Faez Isa, which jeopardized his career, damaged the reputation of his family, and later proved to be a complete hoax when Imran Khan Niazi confessed that it was unfair. When Bajwa’s offshore billions were discovered, how come Mrs. Bajwa didn’t have to appear in court to defend her wealth, like the wife of Justice Faez Isa!? You know why. Perhaps, IK wanted to avoid Qazi Faez Esa‘s appointment as a Chief Justice Pakistan next in September.

On 13th April 2021, Justice Qazi Faiz Esa was got vindicated. He stood up for what was right, and his landmark judgment should have been a wake-up call for the state apparatus to take some deep introspection. Unfortunately, that did not happen. Instead, he was ridiculed, vilified, and accused of being a traitor. But why? Because he chose to stand in the face of tyranny?

In June 2021, the Supreme Judicial Council dismissed the reference against Justice Isa, ruling that he had fully disclosed his assets and that the reference was filed with mala fide intent. The decision was widely celebrated by Justice Isa’s supporters, who saw it as a victory for the rule of law and judicial independence in Pakistan.

It is important to clarify that Sarena Faez, the wife of Justice Qazi Faez Esa, has her own independent source of income and has been filing her tax returns both in Pakistan and in England, where she holds dual citizenship. It is therefore unfair to cast aspersions on her character or suggest that she is somehow benefiting unfairly from her husband’s position.

Furthermore, it is worth noting that Justice Qazi Faez Esa has been cleared of all charges that were leveled against him after a rigorous and extended trial by the Supreme Court of Pakistan. This means that any doubts about his honesty or integrity are unfounded and baseless.

While everyone is entitled to their own opinions, it is important to base those opinions on facts and evidence, rather than mere speculation or hearsay. Justice Qazi Faez Esa is a highly respected judge who has dedicated his career to upholding the rule of law and protecting the rights of all citizens. Any attempt to undermine his credibility or reputation without proper evidence is not only unfair but also damaging to the integrity of the judicial system as a whole.

On the 50th Anniversary of the 1973 Constitution of Pakistan, political forces including Pakistan Democratic Movement showcased their strong asset, which can be seen as a positive step towards a more promising future for Pakistan. Home is where the heart is, and after all the hard work, Qazi Faez Isa is finally home.

“I am sitting with them, it doesn’t mean that I agree with them, I may hear their cases in future and the decisions may come against them. I came here to celebrate #50YearsOfConstitutionJustice Qazi Faiz Isa

In the darkness of the night, the question arose – should one sneak into the GHQ or meet with a political leader? Should one sit in court and push the agenda of a political party or instead, in broad daylight, submit to the supremacy of the Constitution and Parliament and let the Parliament take its course? Without a doubt, the latter is a thousand times, perhaps infinitely better.

The cover of darkness may offer a cloak of invisibility, but it does not cloak the wrongdoings that may occur. The shadows do not hide the ulterior motives that may be at play. On the other hand, openness and transparency are the foundations of democracy. When the halls of Parliament are open and the sun is shining, the actions of our leaders are brought to light and are subject to scrutiny. The transparency of the democratic process is what gives people faith in their leaders and in their government.

In the courts, the rule of law is meant to be upheld, but when politics becomes entangled in the judiciary, justice is often compromised. The judiciary must remain independent of political interference. It is important that political parties do not hijack the courts for their own purposes. Instead, they should work within the democratic process, which includes the oversight of Parliament.

Parliament is where the voices of the people are heard, and where decisions are made in the open, in the light of day. It is where debates and discussions are held, where ideas are shared and challenged, and where laws are made. The parliamentary system is a beacon of democracy, a system that has stood the test of time and has been adopted by nations around the world. J Qazi Faez Esa holding up the constitution and speaking in parliament to the applause of a coalition government that is hell-bent upon subverting it.

It’s important to note that going to Parliament in an open and transparent manner is the right way to conduct oneself and shows a commitment to the democratic process.

Qazi Faez Esa Surrounded by Controversies

In a recent Controversy where the title of the case was about 20 marks for Hafiz during admission to MBBS/BDS, Qazi Faez Esa entered a verdict on how the chief justice can’t make benches on his own. This stirred evidence for the parliament to move an assembly bill to stop the current Chief Justice of Pakistan from taking suo moto initiatives on his own.

In bad taste, a Bench of 6 Judges of the Supreme Court has dismissed the Suo Moto taken by J. Qazi Faez Esa which he ordered to hold the proceedings of 184(3). He had written a note to his fellow judges reminding them that the inclusion of like-minded judges by CJP Bandial is grossly wrong and especially the constitution of benches in writ petitions for the upcoming provincial elections of KPK and Punjab assemblies.

Justice Qazi Faez Esa has once again proven himself to be a principled and upright judge. In a recent statement, he highlighted the importance of adhering to proper procedures and protocols in the Supreme Court. His remarks, in which he empathized with the junior judges who may have felt neglected or overlooked, reflect his deep commitment to fairness and justice.

Justice Qazi Faez Esa’s call for a more orderly and accountable approach to the work of the Supreme Court is both timely and necessary. By reminding his colleagues of their responsibility to uphold the law and the constitution, he has set a positive example for all those who work in the judiciary.

It is heartening to see a judge of such integrity and stature taking the lead on this issue. Justice Qazi Faez Esa’s dedication to the rule of law and his tireless efforts to ensure that justice is done is an inspiration to all of us. We are fortunate to have such a committed and principled judge on our Supreme Court.

Unlike Saqib Nisar. So, let us not hide in the shadows, or be swayed by the allure of the dark. Let us stand tall and let our voices be heard in the halls of Parliament. For it is there that the power of the people resides, and it is there that we can make a difference.

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