Qazi Faez Isa takes oath as Pak's 29th Chief Justice, with wife by his side in defiance of Imran Khan

Justice Qazi Faez Isa was sworn in as the 29th Chief Justice of Pakistan during a ceremony held at Aiwan-i-Sadr in Islamabad on Sunday (September 17). The oath of office was administered by President Arif Alvi. Prominent figures like Caretaker Prime Minister Anwaarul Haq Kakar and Chief of Army Staff Asim Munir were in attendance. Former Chief Justices Iftikhar Chaudhry and Tassaduq Jillani were also present at the ceremony.

One of Justice Isa's initial actions as Chief Justice was to establish a full court to address legal challenges related to a law that diminishes the authority of the Chief Justice. The hearing for these challenges is scheduled for Monday (September 18).Justice Isa promptly formed a full court to hear a series of challenges concerning the Supreme Court (Practice and Procedure) Act 2023.

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This law mandates the creation of benches to address constitutional matters of public importance by a committee of three senior judges from the court.

Suspension of SC (Practice and Procedure) Act, 2023

The enforcement of the SC (Practice and Procedure) Act, 2023, was previously suspended on April 13 by an eight-judge apex court bench. What is interesting is that the bench was led by outgoing CJP Umar Ata Bandial. Justice Bandial said the court needsto examine if any constitutional deviations occurred during the enactment of the law, reported Dawn.

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Justice Isa's defiant stand

One of the key takeaways from the oath ceremony was the supportive presence of Justice Isa's wife alongside him. Serena Isa's presence is a show of defiance give the fact that the couple endured significant harassment, scrutiny, and persecution during the Imran Khan government's tenure, following a reference filed against Justice Isa for alleged undisclosed properties, with intelligence collection through illegal means.

2019 Faizabad verdict

Justice Qazi Faez Isa authored the influential 2019 Faizabad verdict, which raised significant questions about the involvement of the establishment in Pakistan in the anti-government protests of 2017. Subsequent to the Faizabad verdict, the Imran Khan government sent a reference against Justice Isa to the Supreme Judicial Council through President Dr. Arif Alvi.

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This move was seen as an attempt to prevent Justice Isa from assuming the role of Chief Justice in 2023. After Imran Khan's ouster, he later admitted that filing the reference against Justice Isa was a "mistake" made at the behest of the establishment, presenting their concerns against Justice Isa.

Justice Qazi Faez Isa taking oath is also significant as President Alvi had forwarded the reference against Justice Isa four years earlier, leading to his and his family's intensescrutiny and harassment.

The presence of Justice Isa's wife during his oath-taking is seen as harkening back to the challenging times when they endured a witch hunt by the Imran Khan government. Justice Isa ensuredthat his wife stands by him as he assumes the role of Chief Justice.

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