Dr. Umar Khan
31-10-24
Judge with a very weak and erratic personality
“Elevation of one wrong
man to the position of authority can cause more harm than loss of a hundred
wise men. (Persian proverb)”
"Courts are
wedded to law but they sleep with the rich and powerful"
(Voltaire)
Introduction of live cameras in the Supreme Court of
Pakistan showed the nation how dominating Chief Justice Qazi Faez Issa could
be. He wasn’t only dominating and overpowering towards the plaintiffs but also
the lawyers and fellow judges too. This domination at times or mostly exceeded
the limits of desirability and we saw judges and lawyers of high standing avoiding
him and his court out of fear of being belittled. In a court of law the judge
is the final authority and the Chief Justice of Supreme Court of a nation of
250 million holds a special sway and authority. His confidence and
authoritative demeanor instilled a special self-assurance in the nation as we
like to see our judges to be strong; after all they are the ultimate protectors
from an overbearing state.
But then we saw him reviewing the Mubarak Sani case. Over
here this strong man behaved so much differently when under pressure appearing
meek, scared and unsure of himself. He crossed all limits of decency trying to
please others disgracing himself and his court in the process. Talk of the town
was that ultimately he called the plaintiffs to his chambers letting them
dictate the decision.
It is perfectly fine to acknowledge one’s mistakes and
correcting them but there has to be a certain decorum and dignified manner that
must be adopted. QFI could have remedied his faulty decision (in his own words)
in a much more honorable way maintaining the poise, pride and honor required by
his chair and the institution.
Then facing some accused representatives of establishment he
again wasn’t the same overwhelming person but rather a humble and timid judge. He
was avoiding eye contact while talking in a frail voice without authority that
we had seen in earlier cases. This was when he was facing Faisal Wada.
Worst was still to come, last night he was coming out of gates
of Middle Temple in UK where he faced a few protestors and astonishingly he hid
his head between his knees sitting on the back seat of a car. It just looked pathetic,
disgraceful, unbecoming of a retired judge.
While facing protestors right or wrong, he should have shown
grace to face them like a gentleman without trying to hide by putting his face
between the knees. As a CJ he had confidently given some very strange and
controversial decisions and should have expected criticism facing it with poise.
With the benefit of hindsight we can say with certainty that
QFI was a very weak person/CJ who was a bully for the vulnerable coming to him
for relief, and a chicken in front of the strong. Then he confirmed that apart
from his weakness he didn’t have a good judgment or prudence, totally unaware
of his limits and graces. A Chief Judge without basic judgmental sense; how
about that???
Summing it up I think he had some serious behavior issues
and personality disorders making him unfit to be a judge or anything worthwhile
for that matter. This makes me feel so naiveté and foolish for having high
hopes in him and supporting him when others tried to rid of him a few years
earlier. QFI was a perfect case of disqualification of a judge and his removal
could have saved the nation severe instability that we are facing.
Pakistan promoted QFI to a very important post and is
suffering due to that. He destroyed and fragmented many facets of the society
and generations will be needed to rectify them.
Mistakes should make a nation wiser. We must devise a better
and more thorough selection process for our judiciary. This tragedy teaches us
a lesson that all aspirants of important public offices must go through a thorough
selection process consisting of academic, social and psychological assessments
before they are handed over responsible designations.
No nation can afford to have another QFI on a judicial chair
again.
“The actual worth of a person is that is the world better
off with him or without him.”
