Since August, there have been rumours that the government was planning to extend CJP Isa’s tenure in office, who is set to retire on October 25. Justice Syed Mansoor Ali Shah is next in line to become the top judge.
Sources within the ruling coalition had claimed that some crucial amendments were on the cards. Without elaboration, a source had said the amendments would be tabled in the house through a supplementary agenda, indicating that it may be about a uniform extension in the retirement age of superior court judges.
The opposition has opposed any such move, with PTI Founder Imran Khan warning of a nationwide protest if the chief justice’s tenure was extended.
In an informal talk with reporters today in Islamabad after addressing a full court to mark the beginning of the new judicial year, CJP Isa was asked about him reportedly agreeing to an extension “if it was applied to all judges”.
Dismissing the claims made by Prime Minister Shehbaz Sharif’s political adviser Rana Sanaullah that CJP Isa would accept the proposal if the age limit was extended for all judges, the top judge reiterated that he had refused any extension to his tenure.
“You may bring Rana Sanaullah sahib before me,” the top judge said.
According to a report in The Express Tribune, Sanaullah, said a week ago that CJP Isa had discussed the matter with Law Minister Azam Nazeer Tarar and Attorney General of Pakistan Mansoor Usman Awan.
Sanaullah said CJP Isa had “indicated” that while he would accept a general age limit extension for all, he would not accept an extension in his case.
The PML-N leader had also noted that the coalition government lacked the parliamentary majority required for either granting the extension or passing a constitutional amendment to facilitate it.
In his talk today, CJP Isa confirmed that a meeting — attended by the law minister, AGP Awan, and Justice Mansoor — had taken place. However, Sanaullah was not present in the meeting.
“I was told that they are [planning to] extend the chief justices’ service term. I told them that they may extend the term for others but I would not accept it,” CJP Isa said.
“I do not even know whether I would be alive tomorrow or not,” the chief justice remarked.
Asked why the suo motu case pertaining to allegations by six Islamabad High Court judges of interference in judicial matters was not being listed for hearing, Justice Isa said the date for the hearing ought to be decided by the SC’s three-judge committee.
“Justice Musarrat Hilali was not coming [to court] due to ill health. Therefore, the bench could not be constituted,” CJP Isa said.
Justice Isa noted that a full court reference, such as the one that he was addressing, allows the institution’s functioning to be examined.
He then highlighted certain changes made during his tenure, adding that in nine days, he will complete one full year of taking office as chief justice.
“When I became chief justice, I called for a full court for the first time in four years,” Justice Isa said.
It was this very full court hearing — which heard the Supreme Court (Practice and Procedure) Act 2023 — which was live-streamed for the first time.
It was also at this hearing that CJP Isa ruled that a three-member committee, including himself and the two most senior judges, would decide bench formations.
Previously, the outcome of the case could be decided based on who the bench was, Justice Isa said.
“Now, I don’t even know which judges sitting right and left of me will be hearing what case,” he said, adding that the power to form benches does not solely lie with the chief justice anymore.
“Earlier, the cause list was sent to the chief justice for approval; now it is not like that,” he said.
Justice Isa noted that every judge had a particular inclination, so it could be assessed who would benefit from the case when it’s going to a particular judge.
“Every judge wanted that their case was heard by a particular judge,” Justice Isa explained, adding “but it does not mean that lawyer has any contact with that judge.”
For the ease of lawyers, we will try to issue a cause list every two weeks, Justice Isa said.
He also stressed that all cases and lawsuits should be fixed for hearing as soon as possible, noting that it was the legislative body’s responsibility to prioritise which cases should be heard first.
Some cases, however, are decided by the Supreme Court and listed by number, Justice Isa said.“[These include] matters regarding bail, brief imprisonment, and those related to children’s guardianship.”
Those that cannot be sorted into a list of importance will be heard on a “first-in, first-out basis”, Justice Isa said. “Lawsuits filed first will be decided first.”
The chief justice also highlighted how the SC constituted a committee of judges on case management last September to address the backlog of cases.
Justices Muneeb Akhtar and Mansoor Ali Shah were tasked with planning for better case management and providing a sustainable strategy for the future.
He further noted that the Supreme Court, whose full strength is 17 members including the chief justice, was not operating in that capacity until recently.
The event was presided over by Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa, with most other SC judges in attendance.
Justice Mansoor Ali Shah, currently abroad in the United States, missed the session due to his participation in seminars on legal issues.
He is expected to return to Pakistan on September 12 and will resume hearing cases from September 16.
His international engagements include delivering lectures at the seminars.
Justice Muneeb Akhtar was also absent from the reference, although the reason for his absence was not publicly stated.
Other key figures, including members of the Shariat Appellate bench, Justice Qibla Ayaz and Justice Khalid Masood, were present at the reference.
The full court reference marks the commencement of a new judicial year, reflecting on the achievements and challenges faced by the judiciary.
'Predicting verdicts based on benches is a thing of past': CJP Isa
Meanwhile, Chief Justice of Pakistan (CJP) Qazi Faez Isa has maintained that transparency in the apex court has improved significantly, stating that past practices of predicting case outcomes based on the "bench composition" no longer exist.
Speaking at a full court reference marking the start of the new judicial year on Monday, CJP Isa remarked, “Previously, it was common to predict the outcome of a case just by looking at the bench".
"Now, even I do not know which judges will sit alongside me for a case," he continued.
In his address, the CJP outlined several reforms aimed at enhancing the judicial process, including the live broadcasting of hearings.
