Pakistan’s ‘maverick’ chief justice aims to restore court’s credibility

Pakistan’s new chief justice has hit the ground running.

Since his swearing-in on Sept. 18, Qazi Faez Isa has heard several cases and, for the first time in the institution’s history, allowed cameras into the courtroom to broadcast hearings live. On Thursday, he harkened back to one of his most famous judgements, bemoaning the defense ministry’s failure to weed out military personnel who violated their oath through political meddling.

“The constitution emphatically prohibits members of the Armed Forces from engaging in any kind of political activity,” read the 2019 verdict, authored by then-Justice Isa.

That judgment sent shock waves throughout Pakistan’s legal landscape at the time, not least because the superior judiciary – with some notable exceptions – has historically sided with the country’s powerful military establishment. Over the course of its tainted history, the Supreme Court has disqualified popularly elected politicians from holding office, legitimized military takeovers, and allowed the constitution to be abrogated on numerous occasions.

Now, sitting at the pinnacle of the country’s legal system, Chief Justice Isa has vowed to restore the court’s credibility. He aims to boost transparency, attack the Supreme Court’s massive case backlog, and uphold the constitution. It’s no small task, but his judicial track record and first weeks on the job have filled many with hope.

“I just think he’s a man of his word; he’s a man for whom his reputation is very important,” says lawyer and political commentator Abdul Moiz Jaferii, who appreciates the chief justice’s clear and consistent position on issues like constitutional integrity and democracy. “If he does [fulfill his goals], it will be better for the court and better for the country.” 

Respected reputation

Chief Justice Isa – who has been described as a sort of legal “maverick” for his bold and sometimes controversial decisions – has risen to the country’s highest judicial post at a time when many have lost faith in Pakistan’s democratic institutions. Despite an outgoing army chief’s promise that the military’s days of political meddling were over, analysts say that under the new caretaker government, generals have actually strengthened their grip on levers of power. 

Yet Chief Justice Isa’s ascension is no surprise. In Pakistan, chief justices automatically retire at age 65, and the most senior colleague takes their place. He joined the bench in 2016, and prior to that he served as the chief justice of Balochistan High Court.

Throughout his tenure on both courts, the justice built a reputation for his commitment to progressive Islamism, fierce condemnations of those in power, and protection of religious minorities. It’s a career that’s often placed him at odds with Pakistan’s powerful army.

Anjum Naveed/AP/File

Lawyers gather outside the Supreme Court as they wait for a court decision regarding provincial elections, in Islamabad, April 4, 2023. Pakistan's Supreme Court has a history of siding with the country’s powerful military establishment.

Within months of his incendiary 2019 judgment, the government of then-Prime Minister Imran Khan filed a reference against Justice Isa, alleging that he had acquired three properties in London in his wife’s name and failed to disclose them in his wealth statement. Mr. Khan, who has since fallen out of favor with the Pakistani military and is currently in prison after being convicted of illegally selling state gifts, said earlier this year that filing the reference was a mistake. He insinuated that it had been devised on the orders of the military officials.

“One of the first things Mr. Khan has said openly is that the prime minister is the person on the front line, but not the person who has the authority,” says Mr. Khan’s lawyer, Intazar Panjutha. “When this petition was filed, Mr. Khan was bypassed, and it was done without his consent.”

Mr. Panjutha remains optimistic, however, that Chief Justice Isa will succeed in restoring the credibility of the Supreme Court. “The most important thing is that he has always talked about civilian supremacy,” he says. “He has an image of standing up for human rights, and he talks about the supremacy of the constitution, so we hope he’ll find novel ways of improving the administration of justice.”

Cautious optimism

One of the justice’s early changes could prove seismic: Within days of taking the oath of office, Chief Justice Isa allowed his first hearing to be streamed live online. The session, which dealt with the question of whether parliament had the authority to curb the power of the chief justice, was also broadcast on most major news channels. 

“It was the best possible thing he could have done,” says veteran court reporter Abdul Qayyum Siddiqui, who hopes the practice will continue with other cases of public interest. “People were glued to their screens. This is a first step toward transparency and a huge moment in Pakistan’s checkered judicial history.”

This checkered history became the subject of an aside from the new chief justice, who admitted during the televised session that the court had not always succeeded in delivering justice. 

“The problem is that our egos have become really big,” he said. “We’ve made mistakes. I’ve made mistakes. Let’s admit them. ... Otherwise, the constitution has no value.”

Amid the general optimism surrounding the new chief justice, some are calling for Pakistanis to temper expectations. “Being an incurable optimist, one lives in hope,” says human rights defender Tahira Abdullah, “but there is a need to be realistic also.”

Despite the justice’s “undoubted bona fide intentions,” Ms. Abdullah sees some serious barriers to success. Chief among them is the brevity of his tenure, which comes to an end in October 2024 when the chief justice turns 65, as well as the backlog of around 57,000 unresolved cases that he has inherited.

Nevertheless, Ms. Abdullah has lauded the new chief justice for setting “a positive tone and direction for the Supreme Court of Pakistan to move forward.”

Longtime columnist Nusrat Javeed has also expressed cautious hope, while praising the way Chief Justice Isa handled “the vindictiveness” he faced under the Khan administration.

“Justice Isa’s conduct has always been pretty independent, and there’s no doubt he’s a principled man,” he says. “But how much can one individual change a system that has become corrupt to the core? ... That’s a big question. So we’ll just have to wait and see.”