Justice Isa: Condemn judge, general, bureaucrat by name not by institution
Condemn the individual, not the institution, Supreme Court judge Justice Qazi Faez Isa said while addressing the Asma Jahangir Conference in Lahore on Saturday.
The statement from the senior puisne judge of the apex court comes amid the ongoing political standoff in which ousted former prime minister Imran Khan, who stands disqualified for now under the ECP decision, has announced to protest against the coalition government.
Journalist Hamid Mir has also warned of ruling out any misconception that martial law could not be declared in the country. He claimed that Western powers would be the biggest beneficiary if such a situation arrived and Imran would be responsible for it.
In his address, Justice Isa said: “We judge but you all judge us. I would only request that you don’t judge us as an institution because there is good in the institution. There is also bad in the institution. Judge us as judges. Condemn me as a judge do not condemn the Supreme Court. Condemn the general, who violates the Constitution, by name do not condemn the military or armed forces of Pakistan. Condemn a bureaucrat by name do not condemn the executive of Pakistan. Pakistan needs military, judiciary and bureaucracy.”
He described it as an important distinction, saying that “we talk about the roles of institution we should talk about roles within the institution. That is the key.” He stressed that there was good and bad everywhere and good should be separated from the bad.
“I welcome criticism, speaking in my personal capacity criticize me to your hearts contend. You will never be hauled for contempt of court,” he said and reiterated that do not criticize the institution as without it a country implodes and breaks apart.
Forewarning about the consequences of such a situation, he said: “We have seen it happen and we are seeing it happening.” The people have to be very careful as Pakistan needs the judiciary, executive, and the military part of the executive.
“More than anything else Pakistan needs to be led by an elected representative of people. Pakistan needs democracy,” Justice Isa, “You remove democracy from Pakistan you stab it in the back. You destroy it. You are the enemy of the people. You are the enemy of the state and that is what Article 6 (high treason) says.”
He added that all the people have to abide by Article 5 (loyalty to state and obedience to Constitution and law) of the Constitution. “So there is a greater test for those who are paid by all of you which is us. We will pay you. Elected representatives of the people are not paid. They receive a stipend for the duration that they are an MPA, MNA.”
Justice Isa said that jurists are taken care of for life as they get pensions and the lawmakers don’t. “And they [MPAs, MNAs] get a stipend and that is not comparable with the salaries of those who are paid by the people of Pakistan. That is you. Please do hold us accountable individually.”
The senior puisne judge spoke about past cases involving national leaders.
Without naming the leader, he said that another prime minister was removed because of contempt of court law as the country has witnessed hanging, assassination, and contempt removal in the past. He was of the view that such a trend does not end here and the country was coming into the “trickier waters” of recent times.
“Now another PM is removed for nondisclosure of notional income which he never receives,” Justice Isa said and refused to comment on the decision. “Mr PM you were entitled to receive a salary, you didn’t receive it and you did not disclose it so you are not a good Muslim so we sent you home,” he said while quoting the judgment.
He was apparently speaking about the verdict that disqualified former premier Nawaz Sharif from holding public office.
The above mentioned judgment was preceded by the Joint Investigation Team—a term with which the judge was unfamiliar and it could only be found in the Anti-Terrorism Act.
“In my personal opinion, speaking as a student of law — not as a judge, but as a student of history and politics — I would put in the black list: Justice Mohammad Munir, Justice Anwarul Haq [and] Justice Irshad Hassan Khan.”
In the “white list”, he suggested the inclusion of Justice Constantine, Justice Achal and Justice Mohammad Baksh.
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