• New CJP units up full court docket to listen to challenges to SC (Observe and Process) Act 2023
• Appoints first-ever girl registrar at apex court docket
• President administers oath to Justice Isa at President’s Home

ISLAMABAD: Justice Qazi Faez Isa on Sunday constituted a full court docket to listen to challenges to the legislation clipping the Chief Justice’s quickly after he was sworn in because the twenty ninth Chief Justice of Pakistan by President Arif Alvi throughout a ceremony at Aiwan-i-Sadr.

Caretaker Prime Minister Anwaarul Haq Kakar and Chief of Military Employees Asim Munir have been additionally in attendance, together with all judges of the apex court docket and former CJPs – Iftikhar Chaudhry and Tassaduq Jillani.

The ceremony started with the recitation of the Holy Quran, following which the notification for Justice Isa’s appointment was learn out. The president then administered the oath to Justice Isa, whose spouse Sarina Isa stood by his aspect.

Full court docket to take up challenges to legislation curbing CJP’s powers

In his first act after changing into the 29^th Chief Justice of Pakistan, Justice Isa fashioned a full court docket to listen to a set of challenges to the Supreme Courtroom (Observe and Process) Act 2023, a invoice that requires the formation of benches on constitutional issues of public significance by a committee of three senior judges of the court docket.

Listening to on the pleas will start at 9am n Monday (immediately). Notices for the continuing have already been issued to Lawyer Normal for Pakistan (AGP) Mansoor Usman Awan.

The enforcement of the SC (Observe and Process) Act, 2023 had been suspended on the April 13 order of an eight-judge apex court docket bench, headed by outgoing CJP Umar Ata Bandial.

When the legislation was suspended, Justice Bandial had noticed that the court docket had nice respect for the Parliament nevertheless it additionally needed to look at if any constitutional deviation, violation or transgression had taken place whereas enacting the SC (Observe and Process) Invoice, 2023.

The petitioners had pleaded earlier than the apex court docket that the idea, preparation, endorsement and passing of the SC (Observe and Process) Invoice was an act tainted with mala fide. Subsequently, the invoice needs to be struck down after declaring it to be with out lawful authority and of no authorized impact, the petition contended.

Furthermore, they stated the federal authorities can not body any legislation that seeks to intervene or regulate with the functioning of the apex court docket or the powers exercised by it or its judges together with CJP, beneath the Structure.

First girl appointed as registrar SC

Quickly after taking oath of the workplace, CJP Isa appointed Okara Further District and Periods Decide Jazeela Aslam as the primary feminine Registrar of the Supreme Courtroom.

In keeping with notification of the appointment: “Pursuant to Honourable Supreme Courtroom of Pakistan, Islamabad […] dated September 17, 2023, the Honourable Chief Justice and Judges are happy to position the providers of Ms Jazeela Aslam, District and Periods Decide, Okara, within the public curiosity, with instant impact on the disposal of that court docket, for her posting as Registrar, Supreme Courtroom of Pakistan on deputation foundation for a interval of three years.”

It added that ADSJ Jazeela would stay repatriated to the SC for the aforementioned time until directed in any other case.

In keeping with a press launch issued by the SC, ADSJ Jazeela, mom of three, acquired a primary division in her Bachelor’s diploma from Kinnaird School, accomplished her LLB from the Punjab College and secured second place within the judicial aggressive examination of Punjab.

She joined the Punjab Judicial Service as civil choose/judicial Justice of the Peace in Might 1994 and has additionally labored as a deputy solicitor.

ADSJ Jazeela can be the senior most girl district and periods choose in Punjab.

The press launch added that Professor Muhammad Mushtaq Ahmad and Abdul Sadiq have been appointed because the chief justice’s secretary and employees officer, respectively.

Justice Isa’s Profile

Born in Quetta on October 26, 1959, Justice Qazi Faez Isa is the son of the late Qazi Mohammad Isa of Pishin, who was within the forefront of the Pakistan Motion and an in depth affiliate of Quaid-i-Azam Muhammad Ali Jinnah.

Justice Isa’s father was the primary particular person from the province to amass the Bar-at-Regulation diploma and helped set up the All India Muslim League in Balochistan after his return from London. His father had served as the one member on the Central Working Committee of the All India Muslim League from Balochistan.

Begum Saida Isa, Justice Isa’s mom, was a social employee and labored in an honorary capability on the boards of hospitals and different charitable organisations which centered on schooling, kids and ladies’s well being points.

After finishing his main and secondary schooling in Quetta, Isa moved to Karachi to complete his ‘O’ and ‘A’ ranges from the Karachi Grammar Faculty (KGS). He then went on to check legislation from London, the place he accomplished his Bar Skilled Examination from the Inns of Courtroom Faculty Regulation, London.

Justice Isa enrolled as an Advocate of the Balochistan Excessive Courtroom on January 30, 1985, and as an Advocate Supreme Courtroom in March 1998.

He has practised legislation for over 27 years earlier than the Excessive Courts of Pakistan, the Federal Shariat Courtroom and the Supreme Courtroom of Pakistan. He grew to become a member of the Balochistan Excessive Courtroom Bar Affiliation, Sindh Excessive Courtroom Bar Affiliation and Life Member of the Supreme Courtroom Bar Affiliation of Pakistan.

Infrequently, he was referred to as upon by the Excessive Courts and the Supreme Courtroom as amicus curiae and rendered help in sure difficult circumstances. He has additionally carried out worldwide arbitration.

Justice Isa took oath as a choose of the Supreme Courtroom of Pakistan on September 5, 2014.

Challenges forward

The largest problem Justice Isa could encounter throughout his tenure because the CJP can be unifying the court docket and restoring the court docket’s credibility, in order that nobody might level a finger on the court docket’s judgements.

The perceived observe of the formation of a selected bench consisting of ‘like-minded judges’ to listen to constitutional issues of public significance has turn into the idea of criticism of the highest judiciary.

There was a basic feeling that senior judges have been being not noted within the formation of benches for desired outcomes of the proceedings.

On his first day on the helm on Monday, Justice Isa will take up a set of challenges to the Supreme Courtroom (Observe and Process) Act 2023 — a invoice that required the formation of benches on constitutional issues of public significance by a committee of three senior judges.

An eight-judge bench headed by the outgoing CJP on April 13 suspended the enforcement of the Supreme Courtroom (Observe & Process) Act, 2023.

In a press release, a Justice Isa-led fee had earlier questioned the formation of a bench that was listening to a set of six challenges towards the probe physique fashioned to look into the audio leaks, saying that the bench listening to the matter was not decided by a three-member committee of judges as required beneath the suspended act.

Because the petitions difficult the audio fee weren’t fastened earlier than the bench constituted by the committee of judges; due to this fact, these petitions can’t be heard till the committee determines which bench ought to hear them, the fee had acknowledged.

On June 3, Justice Isa determined to not sit on a nine-judge bench listening to circumstances on the trial of civilians by the navy courts, saying he didn’t wish to violate the suspension of the legislation; till the court docket decides concerning the vires of the observe and process legislation he won’t sit on the benches. Because of this, Justice Isa selected to do chamber work as an alternative of holding court docket hearings.

The largest take a look at Justice Isa could face because the CJP, in line with a senior counsel who wished to not be named, will come when the controversy relating to basic elections inside 90 days of the dissolution of the nationwide and provincial assemblies could land within the Supreme Courtroom.

As well as, he may also have to keep up a working relationship with the chief. President Arif Alvi requested the Election Fee of Pakistan to hunt steerage from the Supreme Courtroom on holding basic elections on the identical day.

In regards to the pending listening to on the trial of civilians by the navy courts, the counsel defined that the case might not be his particular person problem however of all the court docket, and since Justice Isa had already expressed his opinion in an earlier case, he would possibly even select to sit down on the bench.

In a dissenting judgement towards navy courts in August 2015, Justice Isa noticed the twenty first Modification doesn’t reach its try and strive civilians by the navy and that the Anti-Terrorism Act, 1997, which if carried out would assist to stem terrorism and likewise make sure the conviction of terrorists.

To find out how Justice Isa will conduct his enterprise on the SC, the senior lawyer stated he “understands the dynamics clearly” as he remained the highest choose of the Balochistan Excessive Courtroom from 2009 to 2014 — a really delicate interval when navy operations have been ongoing in Balochistan. One other problem for Justice Isa may also be learn how to sort out the whopping pendency of over 56,000 circumstances.