Why CJP Isa should not hear cases of PTI, Imran Khan? Lawyers raise concerns

ISLAMABAD: Prominent lawyers have raised concerns over Chief Justice Qazi Faez Isa’s involvement in cases related to the Pakistan Tehreek-e-Insaf (PTI) and its founding chairman, Imran Khan.

They argue that Justice Isa’s past interactions and judgments create a potential conflict of interest, questioning his impartiality. The crux of the argument against Justice Isa hearing these cases stems from a judgment by a five-member bench of the Supreme Court, which prohibited him from adjudicating matters involving Imran Khan.

The court noted that CJP Isa had previously filed a petition against Prime Minister Imran Khan in a personal capacity. To maintain the principle of impartiality, the bench concluded that it “would not be proper” for Justice Isa to hear cases involving the PM.

Critics also cite the controversial “bat symbol” judgment, which they claim damaged PTI and interfered with the country’s electoral process. This judgment, rendered by a bench headed by Justice Isa, is currently under review by the Supreme Court.

Despite this, Justice Isa has publicly defended the decision, including during a hearing in another case and an explanatory letter to the British High Commissioner. Additionally, during court proceedings, Justice Isa has referenced the events of May 9th, allegedly criticizing PTI and implying guilt before the trials have concluded.

Legal experts argue that such comments are unnecessary and could discredit the party. There are also concerns regarding the denial of live-streaming for the NAB Amendment Case involving Imran Khan, while other cases under Article 184(3) have been live-streamed.

Critics view this as an inconsistent application of transparency standards. Justice Isa’s wife has further fueled the debate by raising doubts about the money trail for Imran Khan’s Bani Gala residence.

In 2020, she sought the removal of Imran Khan as PM through a petition over alleged non-disclosure of assets and tax evasion. In 2021, she challenged him to face her on a live TV show and wrote a letter urging him to stop using the term “Riasat e Madina” for political gain.

The filing of a reference against Justice Isa during Imran Khan’s government adds another layer of complexity, suggesting a contentious history between the parties involved.

Legal analysts argue that these factors undermine CJP Isa’s perceived impartiality in PTI-related cases. Notable lawyers have voiced their opinion, advocating for Justice Isa to recuse himself to uphold judicial integrity and public trust.

As this debate continues, it remains to be seen how the Supreme Court will address these concerns and ensure fair adjudication of cases involving high-profile political figures.