Chief Justice Qazi Isa Surprises with Sudden Ruling on Article 63-A
Islamabad:A bench led by Chief Justice Qazi Isa shocked attendees, including court reporters, by delivering an unexpected verdict regarding Article 63-A on Thursday.
During the previous hearing, Barrister Ali Zafar, representing former PTI Chairman Imran Khan, argued that it is customary for parties to be given reasonable time to submit responses after initial hearings. Chief Justice Isa countered that the court is no longer one where 40 or 50 hearings are held; decisions are now made by the second or third hearing. This remark appeared to reference the numerous hearings conducted by the previous Chief Justice Umar Atta Bandial’s bench in the NAB amendments case.
The current Chief Justice’s approach to prompt decisions was evident in the Article 63-A case, where, after the review hearing commenced on Monday, the bench issued a unanimous decision on Thursday, accepting review petitions and overturning the May 17, 2022 ruling made by the previous bench led by Justice Bandial.
### Chief Justice’s Recent Rulings
Since assuming office on September 17, 2023, Chief Justice Qazi Isa has issued several rulings, primarily focusing on women’s inheritance rights. In many cases, he imposed fines on relatives who delayed proceedings by denying widows and orphans their rightful shares. While these cases may not gain widespread attention, the more publicized decisions often relate to political parties.
### Tensions with PTI
The Pakistan Tehreek-e-Insaf (PTI) has expressed dissatisfaction with most rulings made under Chief Justice Qazi Isa, including those regarding NAB amendments and Article 63-A. This discontent peaked with a January 13, 2024 decision that stripped PTI of its election symbol, the bat. Imran Khan has filed multiple requests to prevent cases concerning him from being heard by benches led by Chief Justice Isa, and PTI lawyers have expressed a lack of confidence in him in various cases.
### Key Cases and Decisions
1. **Reserved Seats Case**: On July 12, a 13-member full court led by Chief Justice Isa ruled that candidates who submitted nomination papers under PTI tickets for the upcoming elections are still associated with the party and cannot be considered independent candidates. This decision, supported by a majority of 8-5, has been challenged by the government through pending review petitions.
2. **NAB Amendments Case**: On September 6, 2024, Chief Justice Isa’s bench approved amendments to the NAB law introduced by the PDM government, reversing the previous ruling that had declared these amendments void.
3. **Zulfikar Ali Bhutto Reference**: On July 9, 2024, Chief Justice Isa’s bench stated that constitutional and legal procedures were not followed in the case against former Prime Minister Bhutto, denying him a fair trial during the martial law periods.
4. **Election Symbol Decision**: On January 13, 2024, a three-member bench led by Chief Justice Isa stripped PTI of its election symbol after the party failed to provide evidence of conducting intra-party elections, leading to intense criticism from PTI.
5. **Mubarak Thani Case**: On August 22, 2024, the Supreme Court amended its earlier decision regarding Mubarak Thani, who faced blasphemy charges, following public unrest and protests.
### Conducting General Elections
Following the dissolution of provincial assemblies by PTI, the general elections appeared challenging. However, upon taking office, Chief Justice Isa mandated the Election Commission to announce election dates. Initially set for February 12, the date was finalized for February 8 after consultations with President Arif Alvi.
### Practice and Procedure Act
On October 12, 2023, the full court led by Chief Justice Isa approved the Practice and Procedure Act introduced by the PDM government, which transferred authority over certain judicial procedures from the Chief Justice to a three-member committee.
### Military Trials Case
For the case involving civilian trials in military courts, Chief Justice Isa formed a bench that suspended a previous ruling, permitting trials under specific conditions, although a final decision is still pending.
Chief Justice Qazi Isa’s tenure has thus far seen a series of impactful rulings, especially regarding political and electoral matters, reflecting a significant shift in judicial proceedings in Pakistan.
