Analysing the Expected Role of Justice Isa in Upholding Democracy
Justice Qazi Faez Isa's journey in Pakistan's judiciary has been marked by controversies, including a presidential reference against him and allegations of conspiracies. As Pakistan stands on the cusp of critical elections, it's imperative to understand the extent of Justice Isa's control over the judiciary and his potential role in ensuring free and fair elections.
Conspiracy Allegations and Presidential Reference
It's essential to revisit the allegations of conspiracy against Justice Isa. An informed source claimed that three retired Supreme Court judges played a pivotal role in persuading both the government and the establishment to file a reference against Justice Isa1. While Prime Minister Imran Khan initially hesitated, he eventually agreed under the influence of legal experts and a trusted establishment figure1.
The alleged conspirators are said to have shared information that formed the basis for the reference, citing "national interest" as the driving force behind their actions1. The reference, filed in May 2019, accused Justice Isa and Sindh High Court Judge Justice K K Agha of non-disclosure of their families' foreign assets in wealth statements1. This move sparked considerable criticism from various quarters1.
Quashed Reference and Curative Review
In June 2020, the Supreme Court quashed the presidential reference against Justice Isa and terminated the proceedings initiated by the Supreme Judicial Council (SJC)1. A 10-judge full court ruled in favor of Justice Isa after months of deliberation, putting an end to the allegations of misconduct regarding his family's UK properties1.
However, the government subsequently filed a curative review reference against Justice Isa1. Former Prime Minister Imran Khan admitted in April 2022 that filing the presidential reference was a mistake1. While blaming the law ministry for the reference, Khan's assertions were met with contradicting statements from within his party1.
Justice Isa's Role in Ensuring Free and Fair Elections
As Pakistan moves closer to pivotal elections, Justice Isa's role in ensuring the fairness and transparency of the electoral process could be substantial. With his commitment to upholding the rule of law and constitutional values, he may play a crucial role in safeguarding the integrity of the judiciary during this critical period.
Justice Isa's stance on democratic principles and constitutional adherence, as seen in his previous judgments and actions, suggests a dedication to free and fair elections2. His influence could be instrumental in maintaining an impartial judiciary that safeguards the democratic process from any potential interference.
In conclusion, Justice Qazi Faez Isa's journey has been marred by controversies and allegations of conspiracies. However, as Pakistan approaches significant elections, his expected role in ensuring free and fair elections could be pivotal. His commitment to upholding democratic principles and constitutional values suggests a potential guardian of the democratic process within the judiciary.
Footnotes
1. Ansar Abbasi. (2023, May 09). Who had conspired against Justice Faez Isa? Retrieved from https://www.thenews.com.pk/print/1072310-three-brother-judges-of-justice-qazi-faez-isa-were-allegedly-behind-the-idea-of-reference-sources ↩↩2 ↩3 ↩4 ↩5 ↩6 ↩7 ↩8 ↩9 ↩10
2. Nasir Iqbal. (2021, April 29). SJC decides not to proceed further against Justice Isa. Retrieved from https://www.dawn.com/news/1619949/sjc-decides-not-to-proceed-further-against-justice-isa ↩
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13/09/2023
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