CONTRARY to the doomsday scenarios presented by some vested interests, it is satisfying that succession in the apex court of the country is taking place in a smooth and orderly manner. The incumbent Chief Justice of Pakistan (CJP) Justice Faez Isa is putting off robes on completion of his meritorious professional career and one of the three senior most judges of the court – Justice Yahya Afridi is to don the robe after his appointment to the coveted office in line with the newly enacted 26th Amendment in the Constitution. It should also be a matter of satisfaction for people of Pakistan that the top office of the judicial system changes hands from one honest, upright and thorough professional to the other, which augurs well for the country.
The outgoing Chief Justice stuck to principles throughout his professional career and his retirement once again highlighted this aspect of his personality as he lived up to his oft-repeated commitment not to seek any extension or accept any person-specific favour. There were consistent rumours that Justice Isa might get extension or become head of the Federal Constitutional Court (FCC) as originally proposed by the Government but the CJP showed disinterest in continuation of his service and is now retiring honourably. Propaganda by political opportunists notwithstanding, Justice Isa will always be remembered by neutral observers and true Pakistanis as a prominent jurist who had unwavering commitment to the rule of law, constitutional supremacy, democratic values, human rights and freedom of information. He is widely respected for his well-researched and bold judgements, which he delivered strictly in line with the spirit of the Constitution and the law. Members of the legal community with deep insight in the system hold the view and rightly so that the talent of Justice Isa remained under-utilized either because of the jaundiced approaches of his seniors or fear of his fanatical honesty. Attempts were also made to block his way to the top office of the Supreme Court through disinformation campaign and filing of a presidential reference but he remained unscathed due to his unblemished record. He also remained victim of hostile propaganda during his tenure as CJP but he was undeterred and made every effort to repair the dented reputation of his institution, rectify historic wrongs and maintain harmonious relationship with other pillars of the State.
Unlike some of his predecessors, Justice Faez Isa did his best to undo the impression of confrontation with the Parliament and the Government. It is hoped that the new Chief Justice of Pakistan Justice Yahya Afridi will uphold the glorious traditions set by the outgoing CJP despite imminent challenges and difficulties. Justice Afridi, who has the distinction of becoming the first CJP from the formerly tribal areas has rightly being described by known jurists as an impartial, non-political and unbiased judge, hoping he would help strengthen the judiciary, uphold the rule of law and remove obstacles to the delivery of swift justice. This expectation is not misplaced as Justice Yahya has a sound academic and legal career and a commitment to constitutional supremacy and protection of civil liberties. This aspect of his personality was exemplified by some landmark judgements like interpretation of Article-62(1)(F). While the majority of the Supreme Court upheld the disqualification of lawmakers for life, Justice Afridi argued against this interpretation, stating that such a decision distorts the broader constitutional framework. Legal circles also point out that his calm and reasoned judicial approach has earned him respect across the legal community. We hope some segments of the legal community would shun the tendency of viewing every judicial development from political angles and instead extend their wholehearted cooperation to the new CJP in the discharge of his responsibilities.
