CJ Qazi Faez Issa will always be remembered for his courage and commitment to upholding supremacy of the Constitution. He retires tomorrow (25 October) and was unwilling to seek any extension. He was a victim of a person specific targeted campaign by a political party, and others within the Establishment. He endured this with rare display of courage and came out with dignity.
QFI is son of Qazi Muhammed Issa, a staunch supporter of the Quaid, who served as president of Balochistan Muslim League. QMI was the youngest member of All India Muslim Central Executive Committee. Quaid had personally chosen QMI as one of cosponsors of 23 March 1940 Lahore Resolution, representing Balochistan.
QFI is amongst a few members of Pakistan’s superior judiciary who stood up against Establishment’s political interference. He gave a judgment against sponsors of 2017 TLP Faizabad Dharna. He and his family became a victim of a targeted, person specific, slander campaign, spearheaded by former CJ Saqib Nisar and his like minded judges.
QFI was a judge of the same mould, as former CJ WP Rustam Malik Kiyani, followed by AR Cornelius, Dorab Patel, Nasir Aslam Zahid etc. Justice Kiyani in his capacity as CJ West Pakistan, opposed Ayub Khan’s dictatorial rule. He was not elevated to SC Pakistan. The citizens of Lahore gave him a farewell, where he was given title of Lisan-e-Pakistan. Mr Kiyani was invited by Chittagong Bar to address them in November 1962. He was found dead there, with notes for his forthcoming speech. These notes are part of a book, based on writings and speeches of Mr Kiyani titled “Not the Whole Truth; Some More Truth; Afkar-e-Pareeshaan”. It is a strange coincidence that almost all those who were critical of 1958 junta, died in mysterious circumstances. Hussain Shaheed Suhrawardy died in 1963 in Beirut, whilst Madr-e-Millat Fatima Jinnah was found dead on 9 July 1967.
QFI will always be remembered for his commitment to deliver justice based, strictly based on Constitution. He protected environment, by obstructing powerful Land Mafia from converting green pastures into concrete jungles. This angered elite group of lawyers and others, including a few within electronic media, who were on payroll of these tycoons. He was a simple man who shunned protocol, resisted temptations of allotment of plots, duty free limousines etc. This perturbed many of colleagues who considered these as perks.
QFI strictly adhered to Code of Ethics, adopted by Supreme Judicial Council and was against use of suo motu powers, which a few resorted to very frequently. QFI considered judicial activism unethical and believed that judges must speak through their judgments. Pakistan has unfortunately witnessed few CJs, who despite backlog of pending cases, embarked on frequent foreign trips, conducted raids on hospitals, jails etc. and were even involved in fund raising etc. When judges become eager to be part of headline news, then their sole constitutional role of delivering justice to citizens is compromised.
—The writer is contributing columnist, based in Lahore.
