Justice Qazi Faez Isa, senior puisne judge of the Supreme Court, said on Monday that he and the country’s top court stood with the Constitution.
He made the remarks while addressing a special national constitutional convention at the National Assembly hall to mark the golden jubilee of the Constitution of Pakistan, where he was the only top court judge in attendance.
The Constitution was passed by the National Assembly on April 10, 1973, authenticated by the president on April 10, 1973, and promulgated on August 14, 1973.
The remarks by Justice Isa, who is slated to become the next chief justice of Pakistan in September, come amid a split within the SC, made apparent over the law few weeks over the course of several hearings conducted on holding elections in Khyber Pakhtunkhwa and Punjab.
During the speech, Justice Isa expressed his gratitude at being invited, saying that the “other judges were perhaps busy and could not attend”. He, however, stressed that he did not agree with the political matters stated by the earlier speakers.
The spokesperson for the NA secretariat said that all the top court judges were invited for today’s event but they neither attended, nor gave a reason for it.
At the outset of his speech, Justice Isa clarified that he was not here to make a political speech but to say “on behalf of myself and my institution that we stand with this book (the Constitution).”
As he made the remarks, which were met with thumping of desks by the participants, Justice Isa also held up a copy of the Constitution.
“This book is our identity, Pakistan’s identity. The elected representatives of the time unanimously voted on it, there was no negative vote. There were four abstentions I think.”
Justice Isa called for recognising the importance of the Constitution.
He said that all the participants of the convention were politicians who looked at matters through a particular lens but he was a lawyer who looked at matters through the lens of the law.
Recalling his time as chief justice of Balochistan High Court (BHC), Justice Isa said he was at first hesitant to take up the mantle but strived hard to set up the high court and appoint judges.
“Sometimes we don’t hate our enemies as much as we hate each other. Why is that? Us and you, you as in parliament, and the bureaucracy should have one focus: serving the people.
“Our job is to make decisions swiftly according to the law and the Constitution. Your job is to make laws which are beneficial for the people. And the job of the executive is to implement the laws and the policies made by the government of the time.”
Gesturing towards NA Speaker Raja Pervez Ashrad, he said that he had asked prior to attending today’s gathering if political matters would be talked about. “But you assured me that only constitutional matters would be talked about. But a lot of political things were talked about,” he said with a laugh.
“It is their freedom of right given by the Constitution. So I don’t say anything to them but that does not mean I agree with them. I want to make this clear. Perhaps, tomorrow cases of these people will [be heard] and decisions will be taken against them and maybe they will talk against me so I just want to make it clear that I came [for the] golden jubilee of the Constitution. This is a celebration.”
Justice Isa said that the movement for the formation of a separate homeland for Muslims started off with a “dream” that Quaid-i-Azam and Allama Muhammad Iqbal had which later became a political movement.
“And in the whole world, the whole world, the biggest country for Muslims came into being. But now I am ashamed to say that Pakistan no longer has this privilege, it is now with Indonesia.”
He said that Maulvi Tamizuddin Khan, president of the first Constituent Assembly of Pakistan, was dismissed by a bureaucrat who formed a cabinet of ministers.
Justice Isa said that Maulvi Tamizuddin challenged his dismissal in the Chief Court of Sindh, following which the judges at the time, including Chief Justice Constantine, restored the assembly.
“Unfortunately, this was challenged in the Federal Court of the time and the decision was overturned. At the time, there was judge and the concerning thing is that this judge, Justice Cornelius, was also Christian and perhaps in the minority, if you read his judgement he talked about Islam and if you read the majority judgement said that it was [in line with] the Queen on England.”
He said that he did not like the use of the word “minorities” because they were equal citizens and they had played a huge role in the country.
“I wanted to say that we write verdicts, instead of making speeches but because today is such a day that if we go back to the past […] and stand with Maulvi Tamizuddin and the judges who restored the assembly, would Pakistan have been split into two? This is a question I am leaving to you as a student of the law.”
He also commended Prime Minister Shehbaz Sharif for deciding that April 10 would be celebrated as National Constitution Day.
Justice Isa noted that 50 years had passed since the Constitution was passed and called for embracing it. “Not because my salary is guaranteed in it but because it talks about the people’s basic rights. The most important thing the Constitution talks about is people’s basic rights.”
He regretted that the Constitution was not taught in schools. He said that his wife had taught at an American school in the past where they would teach small kids about the American constitution and would also conduct mock elections. He said that when people understood the intricacies of a constitution, they would understood that they held the reins of the state in their hands.
He said that the Constitution talked about certain fundamental rights that were not talked about in many other countries, giving the example of right of information.
Wrapping up his speech, he said: “I thank you and I want to say on behalf of my institution that we are also defenders of the Constitution. All of you and me included have taken the oath that [we] shall protect [and] defend the Constitution of Pakistan. And if I do not do that, then you can criticise me.”
He again clarified that he had no relation to the political things talked about during today’s gathering. “Don’t be offended, it is possible they say or you say tomorrow that we called you yet you decided against us,” he said while addressing the NA speaker.
Amid institutional wrangle, Justice Isa addresses NA convention, says SC stands with Constitution
