Chief Justice of Pakistan (CJP) Qazi Faez Isa expressed regret on Monday regarding the judiciary’s consistent validation of martial laws in the country, questioning whether judges view themselves as above the law and not obligated to uphold the Constitution.
“Are the judges of the superior judiciary so generous that they fully endorse every military coup in the country?” CJP Isa remarked, further inquiring where judges derive the authority to approve martial laws.
He lamented that the repeated reference to cases validating extra-constitutional regimes has eroded the very fabric of the nation. These comments were made during the hearing of a review petition filed by Abdul Hameed, an employee of the Punjab Population Welfare Department, which was ultimately dismissed by the court.
CJP Isa also expressed concern over lawyers’ tendency to rely on previous Supreme Court rulings rather than the Constitution and legal statutes. He stated that such judgments should only be referenced when there is ambiguity in a similar case, rather than being cited indiscriminately without due consideration. He emphasized that judicial decisions must adhere to the Constitution.
Questioning whether the obligation to follow the Constitution and the law becomes irrelevant upon becoming a judge, the chief justice suggested that it might be time to conduct refresher courses for judges to ensure they remain within constitutional boundaries.
He also criticized lawyers for not bringing essential legal texts, like the green book, to court when arguing their cases. In response to criticism regarding the perceived urgency in addressing the Supreme Court Bar Association’s petition seeking a review of Article 63A, which pertains to disqualification, CJP Isa clarified that the review petition was considered after nearly two and a half years.
Subsequently, the Supreme Court rejected the review petition filed by the Punjab Population Welfare Department employee.
