On September 17, 2023 succeeding Justice Umar Ata Bandial, Justice Qazi Faez Isa’s oath as 29th Chief Justice of Pakistan (CJP) marked a noteworthy shift in the country’s top judiciary, His predecessors, including, Mian Saqib Nisar, Asif Saeed Khosa,, Gulzar Ahmed, and Umar Ata Bandial, elicited widespread criticism for what many allege “misplaced judicial activism” coupled with some controversial decisions and subjective interpretations of the Constitution of Islamic Republic of Pakistan [“the Constitution”]—proving detrimental and negatively impacting judiciary’s image. Accusations of collaboration with the military establishment and decisions aligned with political agendas made their legacies controversial.
In the past, higher judiciary’s involvement in political matters has overshadowed its responsibility to address public concerns and plight of common litigants. This imbalance is reflected in the huge backlog of cases in Supreme Court and across all judicial levels, underscoring the system’s inefficiency thus highlighting the apparent indifference towards prompt dispensation of justice for all—the main pillar of democracy. According to many, elevation of Justice Qazi Faez Isa as CJP has brought a fresh perspective of judicial restraint and a welcome departure from the alleged judicial overreach of his predecessors.
Pakistani nation is optimistic that Chief Justice Qazi Faez Isa would bring positive reforms to the judicial system by improving access to justice, quality of judges and swift dispute resolutions. The prevalent main malady in Pakistan is the prolonged duration of legal proceedings, often spanning over decades before reaching finality. Expectation is that the incumbent CJP’s tenure will address this systemic challenge, ensuring that legal matters are resolved promptly but fairly, providing citizens with an efficient and accessible judicial process. Since taking oath, Justice Qazi Faez Isa has shown keenness to improve operational side. Affirming supremacy of the Constitution and Parliament, he has relinquished arbitrary powers as per recent legislation [The Supreme Court (Practice & Procedure) Act, 2023], but much more is needed for independence and competence of the judicial arm of the state.
It is imperative to establish a mechanism to ensure that cases are not only assigned promptly but also resolved in a timely manner. Introducing a Turnaround Time (TAT) framework for case adjudication is important, with clear stipulations and guarantees to expedite the judicial process. These measures are vital for enhancing efficiency, transparency, and public trust in the judiciary’s ability to deliver justice in a timely, just and befitting manner.
Historically, there has been a notable pattern of the judiciary, particularly judges from higher courts, encroaching on the government’s legislative functions, often stemming from a limited understanding of the separation of powers. The hope is that under Justice Qazi Faez Isa’s leadership, the judiciary will adhere strictly to its constitutionally defined role and functions. The persistent overreach by the judiciary has significantly restricted the government’s powers.
For maintaining balance under the principle of trichotomy of powers, the judiciary’s role along with other institutions in preventing the executive from exploiting public office for personal gains, cannot be denied. Simultaneously, watchful eyes are required to check the judicial branch from excessive use of powers.
Judicial independence is intrinsically linked with seamless accountability. The judges at all levels and their staff must not even think of misusing their powers/offices either for personal gains or as tools to advance their political ideologies. Striking this equilibrium is extremely crucial for upholding the principles of a functional and unbiased judicial organ that alone can ensure an efficient and pro-people governance system.
Justice Qazi Faez Isa should enhance transparency within the judiciary to combat corruption, instituting a robust complaint mechanism, particularly for issues directly related to the judiciary and judges. Instead of discreetly resolving complaints through “mutual discussion”, the process should be open, fostering public confidence in the system. His recent initiative of live telecast of court proceedings, especially in matters involving the court’s powers and his office, was appreciated by independent experts. Furthermore, a recent court order mandating the registrar to provide information about the Supreme Court’s staff under the Right to Information Act, 2017 demonstrates his commitment for bolstering public trust and accountability within the judiciary.
In our polarized society, misinformation and baseless allegations against the judiciary, politicians, and armed forces run rampant across social, electronic, and print media without accountability. It is incumbent upon the three pillars of the state to collaboratively enact robust legislation and enforcement mechanism countering fake news and propaganda while preserving the right to free speech.
Concurrently, the CJP bears the responsibility of reevaluating the Supreme Court Rules, aiming to enhance clarity, efficiency, and accessibility. Incorporating modernization measures, digitization and leveraging information technology/artificial intelligence can streamline legal procedures, ultimately improving overall judicial efficacy.
Similarly, legal experts, including the CJP, have expressed concerns about the existing appointment process for judges in the Supreme Court and High Courts. As a senior puisne judge, the incumbent CJP showed anxiety regarding powers of the chairman Supreme Judicial Council. Now vested with those powers, he should prioritize addressing the issue of appointment of junior judges in the Supreme Court. A decision in pending petitions challenging these appointments will resolve/settle this issue.
As head of Law & Justice Commission of Pakistan, the CJP needs to initiate public debate, seeking proposals for constitutional amendment(s) to improve selection/removal process of judges of existing five high courts and Supreme Court. Justice Qazi Faez Isa can make his tenure historic by completing this reform process through consensus inducing the legislators to make suitable amendments in Article 175A and Article 209 of the Constitution. This would align with international standards by transferring accountability powers of judges from the judiciary to the parliament.
Pakistan’s state and governance system have consistently been falling short of meeting constitutional obligations regarding citizens’ rights to life, security, access to justice and due process of law, freedom of speech, belief, religion, assembly and association. Safeguarding these guaranteed inalienable fundamental rights depends largely on the judiciary operating without any external influence or agenda, efficiently, independently, without any fear and favour.
Justice Qazi Faez Isa during his tenure can prioritize transparency, fairness, and freedom from discrimination. Historically, chief justices of Pakistan have exploited their arbitrary powers in formation of benches, relying on a select few “like-minded judges”, especially in cases having political implications. Justice Qazi Faiz Isa’s leadership has at least departed from this practice. One hopes that in the coming days, he would also ensure that the judiciary operates impartially and upholds the fundamental rights of citizens enshrined in the Constitution.
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Dr. Ikramul Haq, Advocate Supreme Court, specialises in constitutional, corporate, media and cyber laws, ML/CFT, IT, intellectual property, arbitration and international taxation. He holds LLD in tax laws with specialization in transfer pricing. He was full-time journalist from 1979 to 1984 with Viewpoint and Dawn. He served Civil Services of Pakistan from 1984 to 1996. He established Huzaima & Ikram in 1996 and is presently its chief partner as well as partner in Huzaima Ikram & Ijaz.
He studied journalism, English literature and law. He is Chief Editor of Taxation. He is country editor and correspondent of International Bureau of Fiscal Documentation (IBFD) and member of International Fiscal Association (IFA). He is Visiting Faculty at Lahore University of Management Sciences (LUMS) and member Advisory Board and Visiting Senior Fellow of Pakistan Institute of Development Economics (PIDE).
He has coauthored with Huzaima Bukhari many books that include Tax Reforms in Pakistan: Historic & Critical Review, Towards Flat, Low-rate, Broad and Predictable Taxes (revised & Expanded Edition, Pakistan: Enigma of Taxation, Towards Flat, Low-rate, Broad and Predictable Taxes (revised/enlarged edition of December 2020), Law & Practice of Income Tax, Law , Practice of Sales Tax, Law and Practice of Corporate Law, Law & Practice of Federal Excise, Law & Practice of Sales Tax on Services, Federal Tax Laws of Pakistan, Provincial Tax Laws, Practical Handbook of Income Tax, Tax Laws of Pakistan, Principles of Income Tax with Glossary and Master Tax Guide, Income Tax Digest 1886-2011 (with judicial analysis).
He is author of Commentary on Avoidance of Double Taxation Agreements, Pakistan: From Hash to Heroin, its sequel Pakistan: Drug-trap to Debt-trap and Practical Handbook of Income Tax. Two books of poetry are Phull Kikkaran De (Punjabi 2023) and Nai Ufaq (Urdu 1979 with Siraj Munir and Shahid Jamal). He regularly writes columns for many Pakistani newspapers and international journals and has contributed over 2500 articles on a variety of issues of public interest, printed in various journals, magazines and newspapers at home and abroad.
Twitter: DrIkramulHaq
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Abdul Rauf Shakoori, Advocate High Court, is a subject-matter expert on AML-CFT, Compliance, Cyber Crime and Risk Management. He has been providing AML-CFT advisory and training services to financial institutions (banks, DNFBPs, Investment companies, Money Service Businesses, insurance companies and securities), government institutions including law enforcement agencies located in North America (USA & CANADA), Middle East and Pakistan. His areas of expertise include legal, strategic planning, cross border transactions including but not limited to joint ventures (JVs), mergers & acquisitions (M&A), takeovers, privatizations, overseas expansions, USA Patriot Act, Banking Secrecy Act, Office of Foreign Assets Control (OFAC).
Over his career he has demonstrated excellent leadership, communication, analytical, and problem-solving skills and have also developed and delivered training courses in the areas of AML/CFT, Compliance, Fraud & Financial Crime Risk Management, Bank Secrecy, Cyber Crimes & Internet Threats against Banks, E–Channels Fraud Prevention, Security and Investigation of Financial Crimes. The courses have been delivered as practical workshops with case study driven scenarios and exams to insure knowledge transfer.
His notable publications are: Rauf’s Compilation of Corporate Laws of Pakistan, Rauf’s Company Law and Practice of Pakistan and Rauf’s Research on Labour Laws and Income Tax and others.
His articles include: Revenue collection: Contemporary targets vs. orthodox approach, It is time to say goodbye to our past, US double standards, Was Due Process Flouted While Convicting Nawaz Sharif?, FATF and unjustly grey listed Pakistan, Corruption is no excuse for Incompetence, Next step for Pakistan, Pakistan’s compliance with FATF mandates, a work in progress, Pakistan’s strategy to address FATF Mandates was Inadequate, Pakistan’s Evolving FATF Compliance, Transparency Curtails Corruption, Pakistan’s Long Road towards FATF Compliance, Pakistan’s Archaic Approach to Addressing FATF Mandates, FATF: Challenges for June deadline, Pakistan: Combating the illicit flow of money, Regulating Crypto: An uphill task for Pakistan. Pakistan’s economy – Chicanery of numbers. Pakistan: Reclaiming its space on FATF whitelist. Sacred Games: Kulbhushan Jadhav Case. National FATF secretariat and Financial Monitoring Unit. The FATF challenge. Pakistan: Crucial FATF hearing. Pakistan: Dissecting FATF Failure, Environmental crimes: An emerging challenge, Countering corrupt practices .
Twitter: Adbul Rauf Shakoori
The recent publication, coauthored with Huzaima Bukhari, is
Pakistan Tackling FATF: Challenges & Solutions
available at: https://www.amazon.com/dp/B08RXH8W46
