Barrister Umair Niazi
The letter written by PTI chief Imran Khan to CJP Qazi Faez Isa and the press release issued by the latter’s office reveal a complex and contentious relationship between the judiciary and the executive in Pakistan. The letter by Imran Khan reflects his attempt to seek the intervention and the protection of the Supreme Court for his party’s fundamental rights, which he claims are being violated by the incumbent government and the security agencies. He accuses the government of abducting and disappearing his party workers and journalists sympathetic to his cause, and of politically victimizing and marginalizing his party by denying it equal opportunities to carry out an election campaign. He appeals to the CJP to take suo motu notice of these alleged human rights abuses and to ensure the rule of law and the independence of the judiciary.
The press release by CJP Qazi Faez Isa indicates his response to the letter by Imran Khan, which he views with suspicion and skepticism. He asserts his constitutional duties and his oath of office, and declares that he will neither be pressurised nor favour anyone, and that he will continue to fulfil his duties impartially and independently. He questions the authenticity and the credibility of the letter, which he says was prepared by an unknown advocate, and was bound in a yellow-paper book, which is used for filings in the Supreme Court. He also expresses his misgivings about the political party on whose behalf the letter was ostensibly sent, which he says is well represented by advocates, who recently conducted two significant cases in the Supreme Court. He also notes that the letter’s contents were distributed to the media before the sealed envelope was even received by his office.
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The background of the letter and the press release reveals the history and the context of the conflict and the mistrust between the judiciary and the executive in Pakistan, especially between CJP Qazi Faez Isa and Imran Khan. In 2019, under the Imran-led PTI government, a presidential reference was filed against Justice Isa over alleged misconduct and non-disclosure of foreign assets. The reference was widely seen as a move to remove Justice Isa from the Supreme Court, as he was considered to be a potential candidate for the next CJP, and as he had given several landmark judgments that challenged the government’s policies and actions. The reference was quashed by the Supreme Court in 2020, and Justice Isa was cleared of all charges. However, the government continued to pursue the case against him, and filed a review petition in 2021, which was also dismissed by the Supreme Court. In 2022, Imran Khan was removed from power by a vote of no-confidence in the parliament, and a new coalition government was formed by the opposition parties. Imran Khan then admitted that the reference against Justice Isa was a “mistake” and that he “should not have unnecessarily confronted the judiciary”.
Lastly, the letter by Imran Khan and the press release by CJP Qazi Faez Isa illustrate the ongoing tension and the struggle between the judiciary and the executive in Pakistan, which has implications for constitutionalism, democracy, and human rights in the country. Accordingly, the best way forward is to implement the law and the constitution. The judiciary, under the supervision of CJP, must function as per the constitution and law, and the political leaders must also follow the path of constitutionalism and law.
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