Constitution, Law Not Subject To Wishes Of Chief Justice: CJP Qazi Faez Isa

CJP says Parliament made laws with good intentions; remarks that before world raises a finger, I'll raise a finger; Powers used in thousands of cases under Article 184(3) not always for public interest

Constitution, Law Not Subject To Wishes Of Chief Justice: CJP Qazi Faez Isa

Chief Justice of Pakistan Qazi Faez Isa on Monday remarked that the country's Constitution and laws were not dependent on the wishes of a chief justice.

He passed these remarks on Monday during the live, televised hearing on the Practice and Procedure Act 2023, before a full bench of the Supreme Court.

Chief Justice of Pakistan (CJP) Isa noted that the Parliament created the law in good conscience. 

He added that if the Constitution and law were subject to the wishes and desires of a chief justice, then it would have been disastrous for the supremacy of the Constitution and the rule of law. He added that all state affairs should be per the Constitution and law.

Curiously, CJP Isa remarked that as the chief justice, he does not consider himself a 'master'.

During Monday's hearing, lawyers submitted additional documents, including the Parliament's record on legislative actions that led to the law being passed.

The Jamiat Ulema-e-Islam Fazl (JUI-F) also submitted a written reply in the case in which they urged the court to reject the applications against the law. They argued that this law did not violate the Constitution per past court decisions and that the Parliament is the appropriate forum to formulate laws or amend them.

Rejecting the argument that the law infringes upon powers conferred to the Supreme Court under Article 184(3), it added that the law does not change such powers. However, it argued that the Constitution does envision that powers are vested in an individual.

Later, the proceedings were adjourned until Tuesday morning.