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Tuesday, May 28, 2024

Indian Judge’s Message to New Chief Justice of Pakistan

The author congratulates Justice Isa on his new position as the Chief Justice of Pakistan, while also highlighting the challenges that now face the new CJ.

The following is a message sent by former Indian Supreme Court Judge Justice Markandey Katju to the new Chief Justice of Supreme Court of Pakistan Qazi Faez Isa.

To Hon’ble Qazi Faez Isa

Chief Justice Of Pakistan

Islamabad

Dear Brother,

Congratulations on becoming the new Chief Justice of Pakistan.

I saw your oath taking on the internet, and was touched by your fine gesture of asking your wife to stand by your side while taking oath.

However, I must tell you that you will be put to two tests :

(1) You have taken a solemn oath to uphold the Constitution, which includes the fundamental rights of citizens of Pakistan, like the right to life and liberty.

As you know, a fascist reign of terror has been unleashed in Pakistan after the events of 9th May. Over 10, 000 people, including former Prime Minister Imran Khan and several PTI leaders and workers/supporters have been arrested, many ( including women ) beaten, brutally tortured, jailed in horrible conditions, killed, or simply ‘disappeared’.

It is therefore your solemn duty to get these 10,000 people released from jail forthwith, given adequate compensation, and those officials responsible for this outrage suitably punished.

(2) It is your duty to enforce the Constitution of Pakistan, since you have taken an oath to uphold it.

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Article 224(2) thereof states that free and fair elections must be held within 90 days of dissolution of Parliament, and even President Arif Alvi has proposed this.

It is therefore your duty to enforce Article 224(2).

If you do not successfully meet these dual criteria, your legacy within the realm of judicial history may face challenges, and your 13-month tenure as CJP could be evaluated as  unsuccessful, similar to that of your predecessor, who was hesitant in upholding his oath and primarily focused on his compensation, benefits, and retirement.

Justice Markandey Katju

Former Judge, Indian Supreme Court

Noida, UP, India

17.9.2023

Markandey Katju is an Indian jurist and former Supreme Court judge of India who served as chairman for the Press Council of India. He has also worked as Standing Counsel for the Income Tax Department.

The views expressed in the article are the author’s own and do not represent the editorial policy or views of Global Village Space.