Five top judges of the Supreme Court did not attend the full court reference held at the apex court on Friday to honour outgoing Chief Justice of Pakistan Qazi Faez Isa, reported 24NewsHD TV channel.
Supreme Court judges including CJP-designate Justice Yahya Afridi, Attorney General for Pakistan (AGP) Mansoor Usman Awan and representatives of bar councils were in attendance.
Justice Mansoor Ali Shah, Justice Munib Akhtar, Justice Athar Minallah and Justice Ayesha Malik skipped the full court reference. Justice Mansoor Ali Shah, however, has gone to perform Umrah.
Justice Qazi Faez Isa’s wife, Sarina Isa, also attended the full court reference.
Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa is retiring today.
According to the TV channel, Justice Isa will also inaugurate the under-construction Fundamental Rights Monument at the Supreme Court, accompanied by other justices.
On his final day, Chief Justice Isa will focus on chamber work rather than hearing cases in the Supreme Court.
A farewell luncheon will be hosted in his honour by the newly appointed Chief Justice Yahya Afridi.
The speakers including Chief Justice of Pakistan-designate Justice Yahya Afridi, Attorney General for Pakistan Mansoor Usman Awan, Vice-Chairman Pakistan Bar Council Farooq H Naek, President Supreme Court of Pakistan Shehzad Shaukat lauded the meritorious services rendered by outgoing CJP Justice Qazi Faez Isa for rule of law and the country.
Justice Yahya Afridi speaks of the ‘shared lunch’
While paying tribute to the outgoing chief justice, CJP-designate Yahya Afridi described Justice Isa as a “good, hearing human being” but also warned of his “fury”, saying: “If you meet, greet and treat Justice Faez Isa with a smile and humility, he will reciprocate with such gentle softness, likeness and care that it will leave you astonished. But mind you, if you in any way provoke him, or if I may say so poke the bear, then even hell hath no fury to match his scorn and only God may help and save you,” he added.
“I have faced such wrath of this bear many times. The experience was not pleasant,” he recalled, stressing that he also “learned a lot” while sharing a bench with Justice Isa.
The incoming chief justice said he had “mixed feelings” about bidding his predecessor farewell as he would “surely miss your sense of humour and abruptness” but also was glad that he was leaving in good health to enjoy his time ahead.
Justice Afridi praised the outgoing top judge for cases pertaining to women’s rights, highlighting that Justice Isa “would leave no bounds to ensure the preservation of their rights and that with the full might of the court”.
He also complimented the CJP as he “openly admitted” that he required the assistance of a worthy counsel instead of feeling shy to express it.
“I often felt sorry for those who crossed the roster and at times had to salvage them from total devastation but as the clock ticked past the half-hour, the mood would change we would have a compassionate listening judge, who sat through the day till the last case on the cause list was heard and decided.”
Justice Afridi noted that he and Isa had “differences but he was always ready to hear my point of view and open to persuasion — a characteristic which very few possess”.
The judge went on to announce that the farewell lunch hosted today in honour of Justice Isa was not at the government’s expense. In a humourous tone, he said: “He has been cruel; he has imposed the entire expense on me. However, I have requested my brother judges to share the brunt.
“We wanted to host a lunch for Qazi sahib but he was adamantly, stubbornly… he was in no mood to accept it. Finally, when we said we going to commit ourselves, he agreed.”
Justice Afridi also took the opportunity to indicate his priorities and principles according to which he would guide the apex court as its chief justice. “As for what lies ahead, let me assure all that with the blessings of Allah Almighty, for the citizens of Pakistan, rule of law shall rule; principles of trichotomy of power shall prevail; dignity of a judge and majesty of a court shall be strictly ensured, be it a civil judge sitting in Buni, Chitral or my brother judge sitting next to me today; [and] the grievances of the bars shall be immediately attended to,” he said.
The CJP-designate emphasised: “Immediate focus would have to be extended to the furtherest districts: Jiwani in Balochistan, Tank in Khyber Pakhtunkhwa, Ghotki in Sindh and Sadiqabad in Punjab.”
He went on to explain that the provincial capitals of Peshawar, Lahore, Karachi and Quetta had the “immediate attention” of the high courts and the government. “It is these furtherest districts that deserve our attention and the best of the best judges should go because they deserve more than anyone else.”
Justice Afridi added that addressing these districts would be his “first priority”.
New CJP to take oath tomorrow
After Justice Isa's retirement, the 30th Chief Justice of Pakistan (CJP), Justice Yahya Afridi, will swear in tomorrow in the President's House at 11:00 am.
Preparations for the swearing-in ceremony are complete, and invitations have been sent to the dignities. President Asif Ali Zardari will take oath from Chief Justice Yahya Afridi.
Prime Minister Shahbaz Sharif, the services chief, governors, chief ministers, National Assembly speaker, Senate chairman, and federal ministers will also be present in the oath-taking ceremony.
Reporters: Amanat Gishkori, Awais Kiyani and Malik Ashraf