Won't accept 'individual specific' legislation on judges' tenure, clarifies CJP Isa

• CJP's remarks on judges' extension "misinterpreted".
•  CJP Isa held off the record conversation with journalists.
  
• "Govt considering making position of CJP a fixed tenure post." 

ISLAMABAD: Terming his recent "off the record" conversation with journalists misinterpreted, Chief Justice of Pakistan (CJP) Qazi Faez Isa has clarified that he would not accept any "individual specific" proposal on fixing the tenure of the country's top judge.

It was reported a day ago that CJP Isa — who is set to retire in October this year — had categorically rejected accepting an extension in his tenure, however, he suggested the government to go ahead with extending the tenure of other jurists.

The top judge's statement made headlines amid rumours of an extension in his tenure via judiciary-centric legislation in parliament which is reportedly being deliberated upon by the coalition government.

In a statement, CJP’s Secretary Muhammad Mushtaq Ahmad stated that the top judge was surrounded by journalists who spoke to him and asked him questions following the commencement of the proceedings of the event to mark judicial year on Monday.

“The Chief Justice made it clear that he was talking to them off the record, but since the conversation has been misinterpreted and widely disseminated it is necessary to accurately reproduce what transpired,” the statement added.

The event was also addressed by the attorney general, the vice chairman of the Pakistan Bar Council and the president of the Supreme Court Bar Association, he added.

The CJP secretary confirmed that Law Minister Azam Nazeer Tarar had met Justice Isa in his chamber several months ago and had stated that the federal government was considering making the "position of the Chief Justice of Pakistan a fixed tenure post for three years".

The chief justice informed the journalists that he told the law minister, that "if the proposal was individual specific, and if enacted, it would not be something he would accept".

"The Senior Puisne Judge [Justice Mansoor Ali Shah] and the Attorney-General [Mansoor Usman Awan] were present at this meeting," the statement read.

Mention was also made by the law minister of the parliamentary committee's role which he said had been diminished, therefore, it was being considered to incorporate it, and the Judicial Commission, into one body, it added.

To which, CJP Isa replied that it was parliament's prerogative, however, he added that he hoped that those in opposition to the government would not be excluded.

"The law minister has since not met the chief justice privately nor has had any discussion with him regarding any such matter," it further clarified.

The statement also mentioned a follow up question attributed to Adviser to Prime Minister on Political and Public Affairs Rana Sanaullah regarding extension in the judges' tenure. 

In response to the query, the CJP replied: "He had not met the said gentleman [Rana Sanaullah] and does not know what he had said, therefore, if there are any questions they should be addressed to him directly".

As per the statement, the top judge was also asked questions related to the recently tabled bill seeking an increase in the number of apex court judges to reduce the pendency of the cases to which CJP Isa responded that "it was best if first the vacant positions were filled in".

"It is regrettable that an off-the-record conversation was needlessly and in most instances inaccurately broadcast and published and unnecessary sensationalism created," said the CJP secretary.

"Giving unnecessary attention and importance to individuals detracts from what is important — institutions — and it be ensured that they serve the people," he added. 

Earlier this month, Tarar rebuffed speculations centred on the imminent retirement of the CJP, saying that the top judge didn't want an extension in his tenure.

The Centre has time and again denied these reports, saying that nothing as such was on the cards as CJP Isa has "no interest" in getting an extension.

The legal experts say there is no constitutional mechanism for such an extension without amendments to the Constitution. Even if the government wants such an amendment, it would require a two-thirds majority in both houses of parliament, which is a challenge in the light of the recent Supreme Court verdict on reserved seats favouring Pakistan Tehreek-e-Insaf (PTI).

He said the chief justice "clearly told me and the attorney general that he doesn't want an extension".

The speculations about CJP Isa's extension gained attraction after the PTI sought an early issuance of notification regarding the next chief justice of Pakistan last month.