Justice Qazi Faez Isa: A Legacy of Controversy, Alleged Bias, and Silence Amid Political Persecution | Pakistan Tehreek-e-Insaf

 

Justice Qazi Faez Isa: A Legacy of Controversy, Alleged Bias, and Silence Amid Political Persecution

Qazi Faez Isa damaged my country so deeply that no words of mine can ever do justice,” Dr. Arif Alvi, the former President of Pakistan tweeted in despair and turned to Sir Walter Scott's line, “Unwept, unhonour’d, and unsung,” This powerful imagery underscores the tragedy of a judicial legacy marked not only by controversy but by a haunting silence that resonates through the very fabric of Pakistan’s political landscape.

Justice Qazi Faez Isa’s tenure as Chief Justice of Pakistan (April 2022 - October 2024) is among the most contentious in Pakistan’s history. What began as an agenda for transparency and reform evolved into a period marked by deep public mistrust, controversial decisions, and accusations of political collusion. His actions and inactions have left a lasting impact on Pakistan’s judiciary, political landscape, and public trust.

Silence and Strategic Manipulation: Justice Isa’s Role in the Crackdown on PTI

Justice Qazi Faez Isa’s tenure was marked by a controversial silence amid the systematic crackdown on Pakistan Tehreek-e-Insaf (PTI). While the government and establishment targeted PTI leaders, workers, and supporters—detaining them without cause, destroying property, and even abducting family members to exert pressure—Justice Isa’s passivity was glaring. His silence amid these widespread human rights violations led many to view the judiciary as turning a blind eye to injustices against opposition voices.

Moreover, Isa has been using his favored judges to manipulate rulings against PTI, especially Imran Khan, former Prime Minister of Pakistan and chairman PTI. Khan’s bail applications and those of other PTI leaders faced ongoing delays, reportedly as part of a deliberate effort to keep them entangled in legal limbo. Despite mounting scrutiny, Isa’s judiciary continued to defer crucial hearings, intensifying perceptions of bias. Even as 60 U.S. lawmakers and human rights organizations called for Khan’s release, Isa’s silence suggested complicity rather than impartiality.

A significant turn occurred on Isa’s retirement day when, notably, a judge unaffiliated with his circle granted bail to Khan’s wife. The timing of this ruling cast a stark contrast to Isa’s judicial approach, raising profound questions about the impartiality of Pakistan’s judiciary under his leadership and leaving a troubling legacy of selective justice.

The 26th Amendment: Allegations of Coercion and Manipulation

The 26th Amendment, a highly controversial piece of legislation allegedly aimed at extending Justice Isa’s tenure, added fuel to an already burning fire. This amendment, reportedly backed by Justice Isa, was pushed through Parliament amid shocking allegations of intimidation. Reports surfaced that parliamentarians were harassed, kidnapped, and their family members threatened, all to ensure votes in favor of the amendment. Some parliamentarians faced extreme pressure, with reports of their homes destroyed and their family members — including women and children — abducted as leverage. The chief justice’s lack of intervention during this period only strengthened the perception that he was not an impartial protector of justice but rather complicit in the government’s pursuit of its own agenda.

Controversial Rulings and Alleged Collusion with the Political Elite

Justice Isa’s rulings became the focal point of accusations of political bias, particularly toward the Pakistan Muslim League (PML-N) and its leader, Nawaz Sharif. His rulings favored PML-N on multiple fronts: he stripped PTI of its election symbol before the 2024 elections, allowing PML-N to gain an edge despite their declining popularity. Additionally, he approved a controversial redistribution of parliamentary seats, allotting additional seats to PML-N despite their weaker public mandate. This series of rulings gave rise to allegations that Justice Isa was part of the so-called “London Plan” — a covert alliance with Nawaz Sharif to safeguard the interests of PML-N and the establishment at the cost of democratic fairness.

Manipulation of Judiciary and ISI Involvement

Justice Isa’s tenure also saw alarming accusations from within the judiciary itself. Six judges wrote a letter to Justice Isa, detailing how they were being approached and pressured by the Inter-Services Intelligence (ISI) to deliver rulings in line with the establishment’s wishes. In an unprecedented breach of judicial integrity, the letter underscored how deeply politics had permeated the court system. Yet, Justice Isa remained silent on this matter, raising questions about his commitment to judicial independence and the safety of judges under his authority.

Financial Allegations and the Question of Judicial Integrity

Justice Isa’s tenure was further tainted by allegations of financial misconduct, with claims that he hid undeclared assets under his wife’s name. This issue, though legally dismissed, cast a long shadow over his reputation. Critics saw his financial dealings as incompatible with the transparency he once championed, undermining his credibility as a reformist and casting doubts on his true motivations.

A Polarized Legacy

Justice Isa’s tenure leaves a divided legacy, marked by both celebrated achievements and significant controversies. His initial push for transparency, including live-streaming court sessions, was hailed as a milestone for public access and judicial accountability. However, this progress is overshadowed by his alleged inaction during government-led crackdowns, support for controversial amendments, and a series of politically charged rulings, leading many to view him as a representative of a judiciary compromised by political entanglements and selective justice. As he exits the stage, the country remains polarized; his legacy ignites heated debate, with some seeing him as a reformer while others perceive him as a figure whose silence and decisions favored political powers, ultimately compromising democratic principles and leaving Pakistan’s judiciary with more questions than answers.

A Political Chess Game

On the same day Qazi Isa retired, Nawaz Sharif strategically fled the country, acutely aware that his strongest ally was no longer in place. This move leaves behind a sense of curiosity, as three figures who had seemingly conspired together in London are now down to two; we await the departure of a third key player in this political chess game. Despite their relentless attempts to undermine him, Imran Khan stands resilient, bolstered by the unwavering hope of his supporters. In the face of despair echoed by Dr. Alvi, Khan reminds us that

“The greatest glory in living lies not in never falling, but in rising every time we fall.”

Blog by: Naveeda Sultan