Malik Nasir Mahmood Aslam describes a curious event of Justice in the House
The Justice in the House ongoing saga of judicial entanglement is unprecedented and keeping in view its intensity it was expected that something more intriguing will come out of it. That is precisely what happened as the country witnessed Qazi Faez Isa, the senior pusine judge of the Supreme Court of Pakistan (SC) went to the National Assembly (NA) of Pakistan causing jitters within the socio-political elements. The occasion was the 50th anniversary of the Constitution organised by the NA in which all top judges were invited but Justice Isa, who is slated to become the next CJ of Pakistan in September, was the only one to attend raising eyebrows in the polity. It is curious to observe the expression of surprise at the physical presence of a judge in the NA though the judicial organ of the state deals with constitutional matters all the way but Justice Isa’s visit was widely frowned upon particularly him being seated next to Asif Zardari. The impression as taken by many circles of Justice Isa’s presence is talked about particularly as it is considered particularly significant when viewed in the context of the ongoing political and institutional wrangling in the country that has clearly caused a split within the SC regarding the crucial issue of holding elections in Khyber Pakhtunkhwa and Punjab. This event is rated to have increased the polarisation within the judicial and political circles as it has deepened the impression that the judiciary is divided according to political lines. At the face of it appears rather odd to witness only one top judge attending the ceremony despite invitation extended to all of them.
Though Justice Isa mostly stuck to the constitutional themes during his speech in the NA but the prevailing political sentiment in the country compelled him to distance himself from the political views stated by legislators who spoke before him and clarified that he had been assured of only constitutional matters would be talked about at the event. He took the precaution of reiterating that he was not there to make a political speech but only to celebrate the golden jubilee of the Constitution. He later sought to further clarify his position by stating that he accepted the invitation to the convention after he was given to understand that there would be no political speeches and that only the Constitution and its making would be spoken about at the event and the programme sent to him also confirmed this. He added that the sole purpose of his visit was to show solidarity with the Constitution and that if he had the option he would have not agreed to do so but when political statements were made in a few speeches he requested to speak to correct any misconceptions that may arise. This is certainly a credible premise and justifies the speech made by Justice Isa but the current environment in the country is not conducive to rationally view such a development and it is very obvious that it would be given partisan colour.
As is borne out by his comments in the NA Justice Isa emphasised the significance of the Constitution stating that the Constitution was unanimously enacted by the peoples’ directly elected representatives at all ends of the political spectrum which testified to their sagacity. It affirmed the founder’s motto of unity, faith and discipline and established that even the most intractable problems can be solved with sincerity and motivation when the peoples’ interest is kept paramount. The judge further said that the elected representatives of the people deserve all respect and without the politicians of the All India Muslim League, Pakistan would not have gained independence. He added that the organisers of the Convention had invited all to commemorate a singularly important day in Pakistan’s history. The golden jubilee of the Constitution is a celebration of all citizens; it is not the exclusive domain of any particular political party or institution. The significance of the Constitution must be impressed upon all and this should be done continuously. He continued that when Pakistan did not have a constitution enacted by the directly elected representatives of the people, the country broke apart. However, the lingering mistake was finally rectified 50 years ago and the people’s fundamental rights were recognised and enshrined in the Constitution. The salvation of all Pakistanis lies in adherence to the Constitution. Citizens are best served if seeds of discord are not planted. He concluded by saying that the making of the Constitution is one of the greatest moments in Pakistan’s history which should be celebrated. It must be deduced that Justice Isa tried to break the deadlock between the judiciary and the parliament but it may take some time before such step is viewed in its correct perspective. TW Malik Nasir Mahmood Aslam is a seasoned social activist
Justice in the House
Bytheweekendr
Dated
April 17, 2023
Malik Nasir Mahmood Aslam describes a curious event of Justice in the House
The Justice in the House ongoing saga of judicial entanglement is unprecedented and keeping in view its intensity it was expected that something more intriguing will come out of it. That is precisely what happened as the country witnessed Qazi Faez Isa, the senior pusine judge of the Supreme Court of Pakistan (SC) went to the National Assembly (NA) of Pakistan causing jitters within the socio-political elements. The occasion was the 50th anniversary of the Constitution organised by the NA in which all top judges were invited but Justice Isa, who is slated to become the next CJ of Pakistan in September, was the only one to attend raising eyebrows in the polity. It is curious to observe the expression of surprise at the physical presence of a judge in the NA though the judicial organ of the state deals with constitutional matters all the way but Justice Isa’s visit was widely frowned upon particularly him being seated next to Asif Zardari. The impression as taken by many circles of Justice Isa’s presence is talked about particularly as it is considered particularly significant when viewed in the context of the ongoing political and institutional wrangling in the country that has clearly caused a split within the SC regarding the crucial issue of holding elections in Khyber Pakhtunkhwa and Punjab. This event is rated to have increased the polarisation within the judicial and political circles as it has deepened the impression that the judiciary is divided according to political lines. At the face of it appears rather odd to witness only one top judge attending the ceremony despite invitation extended to all of them.
Though Justice Isa mostly stuck to the constitutional themes during his speech in the NA but the prevailing political sentiment in the country compelled him to distance himself from the political views stated by legislators who spoke before him and clarified that he had been assured of only constitutional matters would be talked about at the event. He took the precaution of reiterating that he was not there to make a political speech but only to celebrate the golden jubilee of the Constitution. He later sought to further clarify his position by stating that he accepted the invitation to the convention after he was given to understand that there would be no political speeches and that only the Constitution and its making would be spoken about at the event and the programme sent to him also confirmed this. He added that the sole purpose of his visit was to show solidarity with the Constitution and that if he had the option he would have not agreed to do so but when political statements were made in a few speeches he requested to speak to correct any misconceptions that may arise. This is certainly a credible premise and justifies the speech made by Justice Isa but the current environment in the country is not conducive to rationally view such a development and it is very obvious that it would be given partisan colour.
As is borne out by his comments in the NA Justice Isa emphasised the significance of the Constitution stating that the Constitution was unanimously enacted by the peoples’ directly elected representatives at all ends of the political spectrum which testified to their sagacity. It affirmed the founder’s motto of unity, faith and discipline and established that even the most intractable problems can be solved with sincerity and motivation when the peoples’ interest is kept paramount. The judge further said that the elected representatives of the people deserve all respect and without the politicians of the All India Muslim League, Pakistan would not have gained independence. He added that the organisers of the Convention had invited all to commemorate a singularly important day in Pakistan’s history. The golden jubilee of the Constitution is a celebration of all citizens; it is not the exclusive domain of any particular political party or institution. The significance of the Constitution must be impressed upon all and this should be done continuously. He continued that when Pakistan did not have a constitution enacted by the directly elected representatives of the people, the country broke apart. However, the lingering mistake was finally rectified 50 years ago and the people’s fundamental rights were recognised and enshrined in the Constitution. The salvation of all Pakistanis lies in adherence to the Constitution. Citizens are best served if seeds of discord are not planted. He concluded by saying that the making of the Constitution is one of the greatest moments in Pakistan’s history which should be celebrated. It must be deduced that Justice Isa tried to break the deadlock between the judiciary and the parliament but it may take some time before such step is viewed in its correct perspective. TW
Malik Nasir Mahmood Aslam is a seasoned social activist
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