• Recorder issues solicitations for full court reference on 25th; • Legal circles are still awaiting confirmation that Justice Mansoor Ali Shah will succeed the outgoing CJP; The writing seems to be on the wall; Justice Isa declines the idea of a farewell dinner. the High Court recorder has conveyed conventional solicitations to a full court reference, being met to say goodbye to active Boss Equity of Pakistan (CJP) Qazi Faez Isa, on Oct 25.
The Supreme Court Bar Association (SCBA) President Shahzad Shaukat received an invitation stating that the ceremony will take place in Courtroom No. 1 at the High Court Working at 10:30am.
The development may allay the concerns of political and legal circles, who had been hoping for confirmation that any talk of an “extension” for CJP Isa was just “hot air.”
Despite media reports and statements from various sources indicating that the top judge had no intention of remaining on beyond the date of superannuation, many observers had expressed doubts in recent weeks about whether he would actually resign.
The government’s insistence on advancing a contentious set of constitutional amendments through parliament that, among other things, envisioned the establishment of a Federal Constitutional Court (FCC) and proposed raising the retirement age of superior court judges seemed to lend credence to this.
The decision the Supreme Court made regarding Article 63A was not helpful. In point of fact, the decision to count the votes of defectors only strengthened the impression that the court was moving in the direction that the government wanted.
Given his expertise and preoccupation with constitutional issues during his brief but memorable tenure as the country’s top judge, certain sections of the legal community interpreted the “Constitutional Package” as an attempt to keep the retiring incumbent CJP in his current position or as head of the proposed FCC.
As indicated by certain insiders, the CJP had passed on to the public authority that he would have rather not remained on, with one source guaranteeing that Equity Isa’s family was anticipating Oct 25, as it would be completely an ‘freedom day’ for them.
Naming the successor There were also calls to announce the new chief justice, as had been done during the last few months of former CJP Umer Ata Bandial’s term: In June 2023, three months before his predecessor was scheduled to retire in September, the notification for Justice Isa’s elevation was issued.
With less than two weeks remaining until Justice Syed Mansoor Ali Shah’s potential elevation, the delay in notifying him as the next CJP sparked concerns and doubts, particularly among bar councils and associations across the nation, the majority of which have stated their intention to oppose the establishment of a parallel FCC.
The change occurs at an extremely delicate moment; Fragments within the superior judiciary are no longer a secret, and all are aware of groupings within the ranks of judges.
Through their shows and recommended counter-revisions, clearly unique bar affiliations accept that the proposed protected alteration might carry major underlying changes to the current legal framework, subverting the partition of abilities and unfavorably influencing the freedom of the legal executive.
According to reports, saner elements have suggested to high-ranking government officials that, rather than presenting the Constitutional Package, they ought to first think about engaging senior judicial officers to dispel any doubts or concerns that the legal community may have.
An insider with knowledge of the situation told Dawn earlier this week, “It’s time to bury the hatchet and issue the notification to end the present controversy, which is responsible for the rising friction between the judiciary and the ruling coalition government.”
Tradition of the court Now that invitations to the Full Court Reference have been sent out, it appears almost certain that Justice Shah will become Pakistan’s 30th chief justice on October 26, 2024.
On the eve of a CJP’s or judge’s retirement, it is customary to make such a reference, which is typically attended by all Supreme Court judges to appropriately say goodbye to the retiring judge.
The ceremony is typically addressed by the Pakistani attorney general, vice chairman of the Pakistan Bar Council, and president of the SCBA, in addition to brother judges.
Both active as well as the approaching CJP additionally address the service, with the previous ruminating on their experience and the last option sharing the plan they mean to seek after once in office.
Moreover, the High Court likewise has a goodbye supper — in the interest of judges of the court — while one more comparable event is organized by the Pakistan Bar Gathering. This is the location where the departing CJP receives souvenirs, bouquets, and gifts.
CJP Isa, nonetheless, has communicated his failure to go to the supper set up for retirement night, expressing that since the normal bill would be around Rs2 million, he would have rather not had one. The assistant registrar’s office has informed Pakistan’s Attorney General (AGP) Mansoor Usman Awan of his wishes.
