The unexpected resignation of Justice Ijaz Ul Ahsan and the simultaneous departure of Justice Sayyed Mazahar Ali Akbar Naqvi marks a crucial juncture in Pakistan’s judicial history.
The controversy surrounding their close association with former CJP Umar Ata Bandial, coupled with the pending references, adds layers of complexity to their decisions.
The emergence of a new tradition, where Supreme Court judges face accountability, reflects a changing dynamic in the pursuit of justice.
As the legal landscape evolves, the departure of Justice Ahsan prompts reflection on his significant role, from the Panama Papers bench to key rulings on disqualification and party lines.
Justice Ijaz Ul Ahsan’s Background and Timing of Resignation
Justice Ijaz Ul Ahsan, one of the senior-most judges of the Supreme Court of Pakistan and the next in line to become the Chief Justice of Pakistan, surprisingly resigned on January 11, 2024. This development unfolded just a day after the resignation of Justice (retd) Sayyed Mazahar Ali Akbar Naqvi, further intensifying the intrigue surrounding the top echelons of the judiciary.
Questions Raised Over Untimely Departure
Justice Ahsan, who was on track to assume the highest judicial office in the country, sent his resignation to President Arif Alvi under Article 206(1) of the Constitution, sparking questions about the reasons behind his untimely departure. His resignation came at a crucial juncture, as he would have succeeded Chief Justice Isa after his term concluded in October.
Controversial Orders and Association with CJP Bandial
Justice Ahsan, along with Justice Naqvi, was considered ‘close’ to former CJP Umar Ata Bandial. Analysts note their involvement in issuing controversial orders during Bandial’s tenure, contributing to visible fault lines within the top court judges. While the rift diminished under Chief Justice Isa’s leadership, the repercussions lingered.
Speculations and References
Senior journalist Hamid Mir revealed that two references were being drafted against Justice Ahsan, possibly prompting him to resign preemptively to evade potential accountability. This move, according to Mir, aligns with a new trend where Supreme Court judges facing misuse of office allegations now confront references filed by lawyers.
Concerns and Comparisons
Senior anchorperson Shahzeb Khanzada raised concerns about the unusual timing of Justice Ahsan’s resignation. He questioned why someone slated to become the Chief Justice in 10 months would choose to resign prematurely. Comparisons were drawn with Justice Qazi Faez Isa, who faced charges but chose to stay and confront them head-on.
Judicial Career and Controversial Jurisprudence
Born in 1960, Justice Ahsan began his legal career in the 1980s, eventually rising to become a judge of the Lahore High Court and later its Chief Justice. Elevated to the Supreme Court in 2016, he played a pivotal role in significant cases, including the Panama Papers bench that disqualified Nawaz Sharif. However, legal experts like Reema Omer have criticized his jurisprudence as controversial, citing orders that lack praise-worthy qualities.
Frequently Asked Questions (FAQ’s)
Q: Why did Justice Ijaz Ul Ahsan resign?
A: Justice Ahsan cited his unwillingness to continue as a top court judge under Article 206(1) of the Constitution.
Q: What is the controversy surrounding Justice Ahsan and Justice Naqvi?
A: Both judges were considered close to former CJP Umar Ata Bandial and were involved in issuing controversial orders, leading to a rift among top court judges.
Q: Are there pending references against Justice Ijaz Ul Ahsan?
A: Yes, two references were reportedly being drafted against Justice Ahsan, possibly influencing his decision to resign.
Q: How does this impact the Chief Justice’s succession?
A: Justice Ahsan’s premature resignation raises questions about the Chief Justice’s succession, creating uncertainty in the country’s highest judicial office.
Q: What is the significance of Justice Ahsan’s past rulings?
A: Justice Ahsan played a key role in significant cases, including the Panama Papers bench, disqualification rulings, and interventions during political developments.
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