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Reading: SC clarifies CJ Isa’s stance on tenure extension amid rumors of constitutional amendments
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SC clarifies CJ Isa’s stance on tenure extension amid rumors of constitutional amendments

4 Min Read

sept 11, 2024

By Ahmed Saeed


ISLAMABAD:

The Supreme Court has clarified Chief Justice Qazi Faez Isa’s off-the-record discussion with journalists on September 9, regarding the possibility of an extension in his tenure. The CJP was addressing a ceremony marking the commencement of the judicial year.

Newspapers and TV channels widely quoted CJ Isa as saying he would not accept an extension to his tenure. His statement ended speculation about his extension as CJP.

“It is regrettable that an off-the-record conversation was needlessly and in most instances inaccurately broadcast and published and unnecessary sensationalism created”, the Supreme Court press release said.

It is pertinent to mention that CJ Isa is set to retire on October 25, 2024, upon reaching the age of superannuation, that is 65 years. However, Islamabad is abuzz with rumours that the government is considering extending his tenure by raising the retirement age for Supreme Court judges.

In a press release issued by CJP’s Secretary, Dr Muhammad Mushtaq Ahmad, the Supreme Court provided a summary of CJ Isa’s interaction with journalists. The press release clarified that the chief justice said no to an extension if it was person-specific.

“The Chief Justice was asked about the extension of his tenure, to which he replied that several months earlier the Law Minister had come to him in his Chamber and had stated that the Government was considering making the position of the Chief Justice of Pakistan a fixed tenure post for three years. The Chief Justice informed the journalists that he told the Law Minister, that if the proposal was individual specific, and if enacted, it would not be something he would accept. The Senior Puisne Judge and the Attorney-General were present at this meeting,” the press release said.

It also added that the Law Minister discussed a proposal to merge the Parliamentary Committee on judges’ appointment with the Judicial Commission of Pakistan to make it more effective. “To which the Chief Justice replied that it was Parliament’s prerogative, however, added that he hoped that those in opposition to the Government would not be excluded,” the press release added.

The apex court statement said that the Law Minister has since not met the Chief Justice privately nor has had any discussion with the Chief Justice regarding any such matter.

“Questions were also put to the Chief Justice about the proposal to increase the number of Judges since the number of cases has increased, to which the Chief Justice responded that it was best if first the vacant positions were filled in,” it read.

Meanwhile, senior journalist Munizae Jahangir, in her primetime show Spotlight on Aaj News, said that well-placed official sources have confirmed to her that the government is planning to introduce two constitutional amendment bills in the parliament soon: “to increase the retirement age of Supreme Court judges from 65 to 67 or 68 years and amend Article 200 of the constitution to allow the transfer of judges between high courts without their consent”.

Currently, a high court judge can only be transferred to another high court subject to his/her approval.

Barrister Aqeel Malik, an MNA from the ruling PML-N and advisor to the Ministry of Law and Justice, said on Aaj News that he “can neither confirm nor deny the news” about the two constitutional bills. However, he confirmed that the proposal to increase the retirement age of judges is under consideration

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