ISLAMABAD – Justice Mansoor Ali Shah, the senior puisne judge, took a dig at outgoing Chief Justice of Pakistan (CJP) Qazi Faez Isa as he explained “more worrying reasons” for not attending the full court reference for the top judge, who retires today.
“…Traditions, like institutions, rely on the merits of those who embody them,” he wrote in his letter to the registrar.
Justice Mansoor Ali Shah recalled that he had decided against participating in the reference for former Justice Saqib Nisar who had gone beyond his jurisdiction in 2019. He added that he was making the same decision today for CJP’s full reference.
“Chief Justice Qazi Faez Isa, like an ostrich, with his head in the sand, remained complacent and indifferent to external influences and pressures on the judiciary. Instead of standing as a bulwark against interference, he opened the gates wide betraying the judiciary’s sacred role as check and balance on power. He showed neither the courage nor the moral fortitude to defend the judiciary rather ceded ground to those who sought to weaken the courts for their own gain thereby compromising the very foundation of the rule of law,” Justice Shah wrote.
“His actions have displayed a blatant disregard for the collegiality and respect essential to maintaining judicial harmony. Through a pattern of self-righteousness he consistently failed to engage in dialogue and refused to lead with the consensus-building that is the hallmark of judicial leadership.”
“He has little regard for the judgments of this Court and has contemptuously and unashamedly suggested that they may not be implemented by the Executive.”
He said that Justice Isa’s tenure as one defined by “pettiness, vindictiveness, and a lowly approach to administrative matters, having no grace or humility.”
“To stand a Reference and celebrate such a tenure would send a message that a Chief Justice can betray his institution, erode its strength, act petty and low, and still be celebrated as an honorable servant of justice,” Justice Shah added.
“I am sorry, I in good conscience, cannot stand at a Reference for such a Chief Justice,” he wrote.
