During a hearing regarding the review case of an employee from the Punjab Population Department, Chief Justice of Pakistan (CJP) Qazi Faez Isa delivered some important remarks concerning the judiciary’s role in validating unconstitutional actions, including martial law.
He expressed concern over past judicial decisions that have, in his view, damaged the country's legal and democratic framework. "It seems that the time has come to conduct classes for judges," he remarked.
The chief justice remarked that the judiciary's endorsement of martial law in the past has "sunk the ship of the country", and questioned the role of judges in upholding the Constitution.
"Are judges not bound by the Constitution?" he asked, highlighting that the judges' generosity has approved such reckless and unconstitutional actions, leading to Pakistan’s ongoing challenges with governance.
Justice Isa further emphasized that judges must be held accountable for decisions that violate constitutional principles. "This is what is happening in Pakistan, one after another martial law is imposed. Where does the power to validate unconstitutional measures come from?" he questioned.
Referring to the need for stricter adherence to the Constitution in legal proceedings, he noted that court decisions must be referred to where there is ambiguity in the Constitution and law, adding that "court decision cannot be above the Constitution and law".
He also raised concerns about the disconnect between judges' actions and constitutional requirements. "It seems that the time has come to conduct classes for judges," he noted.
The CJP also criticized lawyers, questioning if after becoming a judge, the requirements of the Constitution and the law cease to exist. "Lawyers have become allergic to the book of the Constitution," he stressed.
Justice Isa further remarked that it is said that the review application has been filed quickly. "It is asked why the two and a half year old review case has been fixed for hearing," he added. The court rejected the review petition of the Department of Population Punjab's employee.
