Imran Khan has been granted bail and Challenges for Justice Qazi Faez Isa

In a legal saga that has gripped the nation, Justice Qazi Faez Isa finds himself at the center of an unprecedented controversy, challenging a recent decision that restrains him from presiding over cases involving the Ex-Prime Minister of Pakistan. This development raises critical questions about the separation of powers, judicial independence, and the principles of bias and impartiality in the Pakistani legal system.


Background:

The issue stems from an order by the Hon’ble Chief Justice that suggests a judge should not hear matters involving the Ex-Prime Minister of Pakistan, citing reasons of unbiasedness and impartiality. This order, according to Justice Qazi Faez Isa, essentially limits the jurisdiction of a judge to private civil disputes, as even in criminal cases, the State is inevitably a party.


Legal Arguments:

In a detailed response, Justice Qazi Faez Isa challenges the notion that a judge could be inherently biased against the Ex-Prime Minister and asserts that his role as a judge and the office of the Ex-Prime Minister are distinct entities. He contends that he can adjudicate impartially and without bias, as required by his constitutional oath and duty.


The judge emphasizes that an allegation of bias and impartiality should be raised first before being addressed, and no such allegation was made during the proceedings. He expresses concern that the Hon’ble Chief Justice unilaterally and arbitrarily made a decision without any evidence or prior recourse to petition or appeal, tarnishing the reputation of a Supreme Court judge.

Impact on the Judiciary:

Justice Qazi Faez Isa argues that the unprecedented decision not only raises question marks on his personal reputation but also undermines the credibility and integrity of the judiciary. He asserts that such a move without any evidence sets a concerning precedent, where the reputation of a judge can be tarnished without due process.


As this legal drama unfolds, the implications for the judicial system and the broader legal landscape in Pakistan remain uncertain. The case raises fundamental questions about the balance of powers, the independence of the judiciary, and the need for a fair and transparent legal process. Observers and legal experts await further developments to understand the potential repercussions of this unprecedented controversy.




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