Imran Khan, the founder of Pakistan Tehreek-e-Insaf (PTI), has expressed complete mistrust in Islamabad High Court Chief Justice Aamir Farooq. Now, he is considering seeking the recusal of Chief Justice of Pakistan (CJP) Qazi Faez Isa from any bench handling matters related to him or his party. Imran Khan’s spokesperson, Shoaib Shaheen, revealed that during a meeting at Adiala Jail, it was discussed that CJP Isa should avoid hearing cases involving Imran and PTI, based on a larger bench order prohibiting Justice Isa from handling cases involving Imran. The PTI plans to file a recusal application if any matter related to the party is scheduled before a bench led by CJP Isa.
Shaheen mentioned that a petition addressing alleged rigging in recent elections is being prepared and will soon be filed in the apex court. Imran and his wife, Bushra Bibi, have already expressed mistrust in IHC CJ Aamir Farooq, and the matter is pending in the apex court.
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In the past, the PDM government also expressed mistrust in a bench led by former CJP Umar Ata Bandial during matters related to the general elections of Punjab and Khyber-Pakhtunkhwa (K-P) assemblies. However, their request for the constitution of a full court was rejected. Similar objections of biasness have been raised by political parties against chief justices in the past, but attempts to recuse them from hearing cases related to them were unsuccessful.
In the case of CJP Isa, a larger bench, led by CJP Gulzar Ahmed in 2021, held that Justice Isa should not hear cases involving then-PM Imran Khan to uphold the principle of unbiasedness and impartiality. Despite the PTI’s trust in CJP Isa and the court’s ruling that only the judge can decide on bias allegations, the party is now questioning the judge’s role in their cases. The situation changed after a Jan 13 order, where CJP Isa’s bench declared PTI’s intra-party elections illegal, leading to the party losing its election symbol. Disappointed with the Supreme Court’s decision, the PTI legal team withdrew a contempt petition against the Election Commission of Pakistan (ECP) and executive authorities for not implementing the court’s order.
Lawyers are puzzled by the PTI’s agitation, as they had initially expressed trust in Justice Isa. Additionally, a review petition against the court’s Feb 11, 2011 order barring Justice Isa from hearing cases concerning Imran Khan is still pending. The legal landscape is further complicated by dissatisfaction among several lawyers regarding the judiciary’s role in recent elections, allegations of rigging, the Jan 13 order impacting PTI’s reserved seats, allowing civilian trials in military courts, and the arrest of female PTI activists. The PTI needs to recognize that the judiciary is a vital institution for addressing grievances, and its relationship with the security establishment may influence judicial decisions in its favor.
