Legacies of Pakistan's chief justices: The highs and lows

Justice Yahya Afridi has taken oath as Pakistan's 30th Chief Justice, replacing Justice Qazi Faez Isa. His appointment, made possible by the 26th Constitutional Amendment, has already sparked controversy.

To commemorate this occasion, we reflect on the legacies of previous officeholders and the judgments for which they are most remembered.

Sir Abdur-Rashid was Pakistan’s first CJP. He administered the oath of office to Pakistan’s first Governor-General, Muhammad Ali Jinnah. His tenure is remembered for its formative role in establishing the judicial system in the newly independent state. The government of Pakistan not only honoured him by naming the former Seventh Avenue in Islamabad as Justice Sir Abdul Rashid Avenue but also awarded him Hilal-I-Pakistan.

Forever remembered as the “doctrine of necessity” judge, Justice Munir is perhaps one of the most controversial figures in Pakistan’s judicial history. The decision of the "Maulvi Tamizuddin Khan case" (1955), set a troubling precedent for Pakistan’s judiciary.

The decision was used as a standard to legitimise subsequent military takeovers and constitutional violations.

After the retirement of his predecessor, Justice Muhammad Munir, the third CJP, Shahabuddin, held office for only nine days because he had only ten days left until he reached the retirement age of 65.

Justice Alvin Robert Cornelius was appointed by Ayub Khan and became the first Christian CJP. Despite his faith, he contributed significantly to the Islamic jurisprudence of the country. He believed that in order to reduce crime, laws should be framed keeping in mind both legal and moral aspects.

But he is most remembered for his dissent note in Maulvi Tamizuddin Khan case (1955). The majority of the Supreme Court, led by the then CJP Muhammad Munir, upheld the Governor-General's actions using the "doctrine of necessity." However, Justice Cornelius issued a powerful dissent, arguing that the Governor-General's actions were unconstitutional and undermined the rule of law.

Justice Abdur Rehman served as CJP for three months only before reaching his retirement age. He later headed the tribunal for the Agartala Conspiracy Case.

Pakistan's sixth CJP, Fazal Akbar, also retired after serving for only five months. The most significant event during his tenure was the beginning of the hearings for the Agartala Conspiracy Case, accusing Sheikh Mujibur Rahman and others of collaborating with India in a plot to destabilize Pakistan. Prior to becoming CJ, he served in the Supreme Court for 10 years and was known for never writing any decisions or ever making a dissent and was considered a “yes man”!

During Hamoudur Rahman’s tenure, President Ayub Khan resigned and handed over power to Yahya Khan, who imposed martial law in 1969. One of the key cases during Rehman's tenure was "Asma Jillani vs Government of the Punjab," where the court heard a petition challenging Yahya Khan's takeover. The Hamoodur Rahman-led Supreme Court declared Yahya Khan's martial law an "illegal usurpation" of power. In this landmark ruling, the court also overturned its previous decisions from 1958 that had validated earlier martial law regimes.

Justice Hamoodur Rahman is best known for his role in chairing the Hamoodur Rahman Commission, which was set up to investigate the circumstances leading to Pakistan's military defeat in the 1971 war and the creation of Bangladesh.

Muhammad Yaqub Ali was appointed CJP on November 1, 1975. In 1976, Prime Minister Zulfikar Ali Bhutto passed the Sixth Amendment, in order to favour CJP Yaqub Ali Khan to continue serving beyond his retirement age. He was presiding over a petition filed by Mrs Nusrat Bhutto against Zia's Martial Law. But later, Yaqub Ali was dismissed in 1977 by General Zia's regime. He died on August 5, 1994.

Anwar-ul Haq is another highly controversial figure due to his role in the validation of the military coup by General Zia-ul-Haq in 1977, which ousted Prime Minister Zulfikar Ali Bhutto. He was appointed by Zia after he removed CJP Muhammad Yaqub Ali. His court upheld the coup under the doctrine of necessity, once again opening the door for military interference in Pakistan’s politics. Furthermore, Justice Haq presided over the Supreme Court bench that sentenced Bhutto to death in a highly contentious trial.

Muhammad Haleem served as the 10th CJP from 1981 to 1989, making him the longest-serving CJP in the country's history. His judicial legacy includes his dissenting opinion in the 1979 trial of Zulfikar Ali Bhutto, where he voted for acquittal. He is also known for his pivotal ruling that enabled the 1988 general elections, marking a return to democracy after years of military rule.

Muhammad Afzal Zullah expanded and institutionalised the concept of public litigation in Pakistan as the CJP. He also presided over one of the most notable contempt of court convictions of former army chief General Mirza Aslam Beg. In 1993, the Supreme Court found General Beg guilty, but due to mitigating circumstances, no severe punishment was handed down, despite strong opinions from some of the bench's judges who desired harsher action.

On May 18, 1977, Nasim Hassan Shah was designated as an ad hoc judge of the Supreme Court of Pakistan, earning the distinction of being the youngest judge in the court's history. Later, he was appointed as the CJP on April 17, 1993.

In 1993, as the CJP, justice Nasim reinstated the government of then-prime minister Nawaz Sharif, which had been dissolved by then-President Ghulam Ishaq Khan under the contentious Article 58-2(b) of the Constitution.

He was part of the bench that sentenced Zulfiqar Ali Bhutto to death and is most remembered for his later admission that the decision was wrong and was taken under pressure.

Sajjad Ali Shah was appointed as CJP by the late Benazir Bhutto after bypassing other senior judges. Shah’s tenure was marked by an intense standoff between the judiciary and the executive branch. Though appointed by former prime minister Benazir Bhutto, Shah upheld the dismissal of her government which was overthrown by the then president of Pakistan Farooq Leghari.

He clashed with former prime minister Nawaz Sharif over judicial independence. The confrontation peaked when the Supreme Court was stormed by supporters of the PMLN in 1997, forcing him to adjourn the case against Sharif.

Shah's bench restored the controversial Article 58(2)(b) of the Eighth Amendment, allowing the president to dissolve the National Assembly, but this decision was quickly suspended by another bench. Additionally, Shah suspended the 13th Amendment, which aimed to limit presidential powers, but this ruling was overturned almost immediately by a larger bench. Efforts to resolve the crisis failed, leading to a split in the judiciary, with some judges refusing to recognise Shah as CJP and questioning the validity of his appointment.

Ajmal Mian served as acting CJP four times in 1997 before being named CJP on December 23 of the same year. His tenure is marked by controversy, particularly during a 1997 incident when a mob, allegedly incited by the Pakistan Muslim League-Nawaz (PML-N), stormed the Supreme Court. He is believed to have facilitated a 'coup' within the Supreme Court against CJP Sajjad Ali Shah. Following this, justice Mian took administrative control of the court.

Justice Saeed uz Zaman Siddiqui's tenure as CJP (1999-2000) was marked by a strong stance on judicial independence. He notably refused to endorse General Musharraf's Provisional Constitutional Order (PCO) following the 1999 military coup.

During his time in office, Irshad Hassan Khan played a crucial role in the judicial landscape, most notably by upholding the 1999 military coup led by Musharraf through the invocation of the "doctrine of necessity." This controversial decision legitimised the military's actions in the face of constitutional challenges. Following his term as CJP, Khan was appointed chief election commissioner of Pakistan.

Muhammad Bashir Jehangiri served as the CJP for a brief period of 24 days from January 7, 2002, to January 31, 2002. He was appointed by Musharraf and succeeded Irshad Hasan Khan in this role.

Sheikh Riaz Ahmad, during his tenure as CJP, banned press photographers from the Supreme Court premises amid growing tensions between the judiciary and the lawyers' community over the controversial Legal Framework Order (LFO), which extended the retirement age of superior court judges. He is remembered for endorsing General Musharraf's military coup and the subsequent controversial referendum. Additionally, his tenure was extended under the LFO alongside other members of the judiciary, further marring his reputation in Pakistan's legal history.

Nazim Hussain Siddiqui served as the 19th CJP from December 31, 2003, to June 29, 2005. In April 2005 Siddiqui dismissed petitions against General Pervez Musharraf's dual role. In another significant case, Siddiqui heard a petition filed by the then Punjab chief minister Shehbaz Sharif, who sought permission to return to Pakistan. The Supreme Court dismissed the petitions but affirmed Shehbaz’s constitutional right as a Pakistani citizen to return to the country under Article 15.

Iftikhar Mohammad Chaudhry is one of the most controversial figures in recent judicial history, most remembered for judicial activism and disqualification of Prime Minister Yousaf Raza Gillani. As CJP, his confrontations with Musharraf in 2007 led to his suspension sparking the lawyers’ movement. He was later restored by the Supreme Court full bench. After being reinstated, Chaudhry went on to deliver several controversial judgments, including rulings on missing persons, government corruption, and the Reko Diq case. On January 22, 2007, he rejected the Punjab government's request to temporarily lift the ban on kite-flying during the spring festival, taking suo motu notice of reported child fatalities linked to kite-flying.

Musharraf declared a state of emergency in November 2007 and put judges under house arrest including Chaudhry. After the general election of 2008, then-Prime minister Yousuf Raza Gilani ordered the release of Chaudhry.

In March 2009, the “lawyers' movement”, backed by opposition leader Nawaz Sharif, launched a "long march" to restore Chaudhry as CJP. Despite government efforts to block roads, arrest activists, and ban gatherings, the movement persisted. On March 16, 2009, the incumbent prime minister reinstated Iftikhar Chaudhry as CJP, ending the protests. Chaudhry, however, later disqualified the sitting prime minister Gilani in contempt of court.

He has been heavily criticised for judicial activism and overstepping into the executive domain.

Javed Iqbal briefly served as the acting CJP during a crucial period in 2007, after the controversial suspension of then-CJP Iftikhar Chaudhry by Musharraf. Despite holding the top judicial position for a short time, Iqbal did not take oath under the Provisional Constitutional Order (PCO) and was later reinstated to his judicial role. After his retirement, Iqbal led two high-profile commissions: the Abbottabad Commission, which investigated the US raid that killed Osama bin Laden, and the Commission of Inquiry on Enforced Disappearances.

After the removal of CJP Chaudhry, Rana Bhagwandas was the most senior judge at that time, since he was not in the country so second most- senior judge, Javed Iqbal was made acting CJP. Bhagwandas took charge of acting CJP after returning to Pakistan. He was the first Hindu and the second non-Muslim to hold this position, following AR Cornelius. He led the bench that restored Chaudary and declared his own and Javed Iqbal’s appointments to be illegal. After General Musharraf declared an emergency, he refused to take oath under PCO and was put under house arrest along with other judges for the second time.

Abdul Hameed Dogar was controversially appointed CJP by Musharraf after the suspension of CJP Chaudhry during the 2007 judicial crisis. Dogar's tenure was marked by widespread criticism for validating Musharraf's imposition of emergency rule and his administration’s PCO. However, following the restoration of the judiciary in 2009, Dogar's decisions under the PCO were invalidated by the Supreme Court. He was termed as de facto CJP.

Tassaduq Hussain Jillani served as the 21st CJP from December 2013 to July 2014. Jillani took Suo moto action on the 2013 Peshawar Church Attack and issued a landmark decision on the protection of minorities and freedom of religion in the country, following petitions filed by various groups regarding attacks on religious minorities and threats to their places of worship. Additionally, he also served as acting chief election commissioner for a brief period.

Former CJP Nasir-ul-Mulk chaired a judicial commission to investigate alleged rigging in the 2013 general elections. The commission concluded that the overall mandate of the people had not been stolen. Another significant ruling by Nasir was on the 21st Constitutional Amendment, which validated the establishment of military courts for terrorism cases in the wake of the Peshawar school attack (APS). Later, he was sworn in as caretaker prime minister after the completion of Shahid Khaqan Abbasi’s tenure.

Jawad Sajjad Khawaja served as a 23rd CJP for a period of only 23 days. Just days before he began his term, he dissented against the establishment of military courts in Pakistan. He also directed the then government to adopt Urdu as an official language in the country.

Anwar Zaheer Jamali remained as CJP for 15 months. During his tenure, Jamali oversaw numerous important cases, including those related to the Panama Papers scandal, the delays in conducting the census, and appeals concerning death sentences issued by military courts.

Saqib Nisar's tenure was marked by the disqualification of prime minister Nawaz Sharif in the Panama Papers case. The court determined that Sharif was guilty of corruption, resulting in his removal from office.

Nisar also launched a fundraising drive to build dams and address the country's water crisis, which was widely criticised as overstepping the judicial boundaries.

Nisar took suo moto actions on poor healthcare facilities in public hospitals. He conducted personal visits to hospitals in Punjab and Sindh, ordering improvements and highlighting deficiencies in health services. He also acted against private hospitals for charging exorbitant fees.

As CJP, Asif Saeed Khosa authored the landmark ruling prohibiting the filing of multiple FIRs in criminal cases. He was part of the larger bench that disqualified Nawaz Sharif under Article 62(1)(f) of the Constitution in the Panama Gate case. Khosa heard and authored the verdict in the contempt case against PML-N senator Nehal Hashmi and police officials for manhandling former CJP Iftikhar Chaudhry. Khosa has also issued verdicts against high court judges, including the opinion about the removal of Islamabad High Court judge Shaukat Aziz Siddiqui.

Justice Khosa gave a historic ruling in the Salman Taseer murder case wherein he restored terrorism charges against Mumtaz Qadri and upheld the death sentence. He also highlighted discrepancies in the blasphemy case against Aasia Bibi that enforced acquittal.

Gulzar Ahmed's anti-encroachment drive in Karachi aimed to restore the city's infrastructure led to significant displacement of people, without adequate resettlement or compensation plans. Ahmad criticised the Sindh government's handling of Covid-19, advocating for uniform nationwide policies instead of provincial independence, which heightened tensions between federal and Sindh governments. He also remarked on the limitations of provincial autonomy under the 18th Amendment, supporting stronger federal control. Ahmed was a proponent of empowering local governments, mandating provincial governments to hold local elections and devolve administrative and financial powers to local bodies.

Umar Ata Bandial's tenure was marked by the political unrest and the subsequent cases related to it. He led the bench that declared the controversial judgment regarding article 63 (A) and declared that the votes of defecting members cannot be counted. After the dissolution of Punjab and Khyber Pakhtunkhwa assemblies, a bench led by Bandial set the election date for May 14, 2023, after declaring the Election Commission of Pakistan's decision to delay the polls unconstitutional. However, the government's refusal to implement the court's order resulted in the undermining of judicial authority.

Throughout his tenure, Bandial faced criticism for forming special benches with like-minded judges, leading to accusations of bias. The Supreme Court's Practice and Procedure Act aimed at regulating the CJP’s suo motu powers was suspended under his leadership, sparking debates about judicial authority and transparency.

Bandial oversaw cases questioning the trial of civilians in military courts, a controversial matter that sparked public and legal debate amid political instability.

The court, under CJP Bandial, suspended the commission investigating leaked audio recordings. The move to halt the commission's work was perceived by some as an attempt to protect certain individuals.

Justice Qazi Faez Isa was appointed as the 29th CJP by former president Arif Alvi. Major judgments during his tenure include; overturning lifetime disqualification under Article 62(1)(f) of the Constitution, upholding the Election Commission's decision to revoke the Pakistan Tehreek-e-Insaf’s (PTI) election symbol due to irregularities in its intra-party elections, upholding the conviction of former president Musharraf, issuing a historic "Mea Culpa" about the trial of former prime minister Zulfikar Ali Bhutto.

His note of dissent in the Supreme Court’s decision on reserve seats created significant controversy. More recently, overruling the Supreme Court’s previous decision of not counting the votes of dissenting members of the assembly, thus paving the way for the 26th constitutional amendment again brought him into the spotlight.

Additionally, on October 3, 2023, Isa reviewed the Supreme Court (Practice and Procedure) Act 2023, which restricted his sole authority in forming benches and redistributing this power among senior judges.

Initially, he prioritised addressing the issue of missing persons, emphasising a collective approach to finding a solution rather than placing blame. However, he was later criticised for his inability to act against human rights violations and political victimisation during his tenure.