CJP Isa Unveils ‘Charge Sheet’ Against Justice Munib Akhtar Achi-News

The cracks in the higher judiciary deepened further on Thursday as Chief Justice of Pakistan Qazi Faez Isa sought to address a brewing controversy over the Supreme Court’s three-member bench setting committee, following its reform by Presidential ordinance last week. by listing an apparent 11-point charge sheet against a fellow judge even as he responded to the charges leveled against him by a senior colleague.

Chief Justice Qazi Faez Isa on Wednesday responded to an earlier letter written by Justice Mansoor Ali Shah, in which the senior official opposed the amendments made by the government to the Practice and Procedure Act 2023, through an ordinance. Justice Shah also took exception to the decision of the CJP Isa to immediately act on the amended law and call a meeting of the bench setting committee after changing its composition where it included the fifth senior judge of the Supreme Court on the committee by replacing the third senior officer. – the greatest judge Justice Munib Akhtar. In his letter, Justice Shah told the secretary of the committee and the chief judge that he would not participate in the meeting of the committee until Justice Akhtar was reinstated as its member.

Read Justice Mansoor Ali Shah’s letter to the Supreme Court Registrar

In his four-page letter, dated September 25 but not made public until Thursday, Chief Justice Isa explained that he was responding to Justice Shahs letter because it was addressed to the ‘Secretary of the committee (the Registrar). ) and was copied to all Supreme Court judges while journalists were given a copy of the letter before CJP Isa and Justice Ameenuddin Khan had a chance to see it during the committee meeting which was boycotted by Justice Shah .

Furthermore, he expressed that since he has always advocated accountability and transparency, he would explain his reasons for removing Justice Akhtar.

“Remember that it is because of your persistence that I am doing this, lest someone howl,” he said, adding that he is sending the letter to the Registrar and all the judges of the highest court to “dispel the false narrative.”

Charges against Justice Munib Akhtar

Addressing specific issues with Justice Akhtar, which led to the decision to remove him from the bench setting committee, CJP Isa listed 11 specific problems.

CJP Isa’s list of issues with Justice Akthar began with the latter’s objection to the Practice and Procedure Act 2023.

“Justice Munib Akhtar, whom you tirelessly support, opposed the Act,” CJP Isa noted, adding, “During the hearing, one must also acknowledge the vigorous defense of the Chief Justice’s absolute discretionary powers by Justice Akhtar.”

However, the chief justice quickly clarified that by pointing out Justice Akhtar’s arguments against the act, it does not make Justice Akhtar or other distinguished colleagues (in the minority) do it because they are on track right to become the Chief Justice of Pakistan, nor to question Mazahar Ali Akbar Naqvi, who was dismissed by the Supreme Judicial Council, after being found guilty of misconduct.”

Noting that the chief justice’s power to fix benches had been misused by his predecessors, especially in matters of constitutional interpretation, the CJP noted, “Bench fixing by my predecessors was notable and invariably included Justice Ijazul Ahsan and Justice Akhtar in such cases raising the question whether the wisdom of lords was better than the wisdom of their elders.”

Highlighting the depth of Justice Akhtar’s opposition to the act, CJP Isa said: “Before the act even became law (and when it was still in the form of a bill) (before) chief justice Umar Ata Bandial, with the help of Justice Akhtar and others. distinguished judges intervened, on April 13, 2023, to preserve the power of the chief justice, and, having done so, did not decide the case;

Furthermore, CJP Isa noted that Justice Akhtar was one of two judges who had taken advantage of the full period of the summer vacation, showing “indifference to the backlog of cases”.

“While on holiday and not available to do court work, he insisted on taking part in the [bench fixing] committee meetings, suggesting his lack of trust in the next senior judge (Justice Yahya Afridi),” said CJP Isa.

The chief judge further argued that under the Practice and Procedure Act, urgent cases were to be determined within 14 days but that this statutory provision and the constitutional right to request a review had been “negated as he had refused hear urgent constitutional cases while he is away. “

A portion of Chief Justice Isa’s complaints against Justice Akhtar related to his treatment of the ad hoc judges appointed to help manage the high court’s enormous caseload.

He accused Justice Akhtar of disrespecting his seniors (the ad hoc judges), and selecting 1,100 specific cases and restricting the ad hoc judges to hearing only those cases. CJP Isa said this was “something completely unprecedented”.

“Not allowing ad hoc judges to be part of the Shariat Appellate Bench of the Supreme Court to hear the pending cases,” asserted CJP Isa. He added that Justice Akhtar is alleged to have said that the “other ad hoc judge must do ‘chamber work’ until his distinguished colleague returns from leave due to a bereavement in his family.

CJP Isa complained that Justice Akhtar had shown “rude and unreasonable behavior towards a distinguished member of the Society.” [Judicial] A committee also consisting of all the chief magistrates, senior puisne judges, distinguished members of the bar, and walking out of the meeting.”

Towards the end, CJP Isa’s complaints against Justice Akhtar were about his handling of cases.

“The bench he leads adjourns most cases and often finishes its work before 11am; concern expressed by his fellow judges,” he said, adding that Justice Akhtar also claimed to have issued restraining orders in relation to matters referred to him, such as in the audio leaks case.

“Although quickly granting injunctive relief in important constitutional cases, but then not heard and decided, including the two cases mentioned above,” he said.

Questioning questioning the chief judge

Despite declaring his belief in accountability and transparency, on several occasions, CJP Isa tried to ask Justice Shah how he could question the authority of the chief justice.

“Shah sahib, the law empowers me to nominate any Supreme Court Judge on the Committee and I have exercised my discretion for the strong reasons stated,” he said.

“Legally, you also cannot question who I can nominate as the third member of the Committee,” he said.

CJP Isa said that the Ordinance retains the three member committee; the chief justice and senior judge remain members. “However, the law now allows the chief justice to nominate the third member of the Supreme Court judges.”

“Shah sahib, you question my change of third member of the committee and give me an ultimatum that you will not participate in its meetings until Justice Akhtar is included in the committee again. With respect , what you are demanding is against the law.”

CJP Isa reacts to Justice Shah’s accusations

Referring to Justice Shah as “Shah sahib”, CJP Isa also returned to some allegations made against him by the senior Puisne judge.

“Without ascertaining the facts, you claim that I bypassed Justice Yahya Afridi in choosing the third member,” said CJP Isa, claiming that if anyone did not want Justice Afridi on the committee, it was Justice Akhtar.

Explaining further, CJP Isa said that when the committee was supposed to meet on Friday, September 20, 2024, he reached out to Justice Afridi (the next senior judge) but learned that he was not available.

“So, I asked Justice Aminud Din Khan if he was kind enough to cancel going to Lahore.”

CJP Isa, later, said that Justice Shah had conveyed to the Registrar – but not the chief judge or his office – that he had another commitment and would not be available for the meeting that day.

“The meeting was postponed because you are not available,” he said, adding, “But, two days later, you decided not to participate at all unless I gave in to your ultimatum.”

“Yesterday (Tuesday), in front of you, I asked Justice Afridi, and he said he did not want to be on the committee,” he continued.

“Another absurd allegation made against me is “good choice and undemocratic display of a one-man show”, CJP Isa said, adding that “the tired clichés do not argue facts.”

He later listed as an achievement that he had “stopped an earlier choice – by the chief justice/chairman to nominate younger judges by overriding their seniors.

CJP Isa said he had no desire to list what he had achieved during his term, but “to prevent a false narrative, which has been included in public, you are forcing me to do so.”

He went on to list 25 points, including accusations that former chief justices have surrounded themselves with a “clique and effectively taken over the Supreme Court.”

This clique, he said, “headed most of the Supreme Court committees.” Furthermore, full meetings of the court were not held for years; posts are vacant while the unauthorized practice by some former Chief Justices of approving the case list of cases and placing and removing cases from it was immediately stopped.

CJP Isa listed his achievements of setting up full courts to hear important constitutional cases, deciding key cases, including those related to holding general elections and then overseeing the conduct of the elections, starting live streaming of cases, issue quarterly reports on resolved cases. and publication of case lists, curtailment of summer holidays, amendment of the Judicial Commission of Pakistan Rules 2010, filling of vacancies in the high court and the Federal Shariat Appellate Bench among others.

“When all this is achieved, your comment that the country is in the middle of a ‘constitutional crisis’ worries me. It is also inappropriate for a judge to say something that undermines political, economic and financial stability. What purpose , if I may ask, is this comment served?”

Regarding the lack of collegiality shown by Justice Shah, CJP Isa pointed out that the senior judge Puisne approved his collegiality, but on his part, he could not walk a few steps to the chief justice’s chamber to share his thoughts. “And instead he gave ultimatums.”

“However, you do not seem to consider our other distinguished colleagues equal to the task,” said CJP Isa, suggesting that Justice Shah felt that only Justice Akhtar should be included in the committee while that other judges were not competent enough.

“Being older in age and having 42 years of legal experience, I may be permitted to say that you should express an opinion on the amending Ordinance, as you have, and circulate your letter among colleagues, in relation to matter that may come to your attention. was ruled by the Supreme Court to be inappropriate.”

CJP Isa urged Justice Shah to consider the matter objectively and that he would rejoin the committee and serve the people through his contribution to ensure the smooth functioning of the Supreme Court.

“Let all of us play our part in disposing of accumulated cases early.”