The Chief Justice of Pakistan, Umar Ata Bandial, has allowed the current federal government to retract a previously submitted curative review against Senior Puisne Judge Qazi Faez Isa. The Pakistan Tehreek-e-Insaf (PTI)-led government initiated the case.
The Path to Retraction and the Role of the Current Government
In April 2023, the Chief Justice retained judgement on the federal government’s plea. However, today’s ruling, led by the Chief Justice himself, approved the withdrawal of the contentious petition.
The Pakistan Democratic Movement (PDM)-led government recalled the curative review lodged against Justice Isa. Following Prime Minister Shehbaz’s guidance, President Dr Arif Alvi sanctioned the retraction of the review petition against Justice Isa, as per Article 48 of the Constitution.
Moreover, President Alvi conferred his Power of Attorney to the Attorney-on-Record (AOR), thus solidifying the withdrawal.
The move sharply contrasted the previous administration’s actions under Imran Khan, which, in 2021, had sought a curative review against the ruling on Justice Isa’s review petitions. This was, however, rejected by the Supreme Court’s registrar because a review petition, once decided, cannot be re-reviewed.
The PDM-led government intends to withdraw the challenge against the apex court’s ruling. They see this as rectifying a vindictive action the previous PTI-led regime instigated.
In a statement underlining the government’s decision to cancel the review against Justice Isa, Prime Minister Shehbaz Sharif said, “The government does not wish to pursue this case.” He further insinuated that the review was lodged to “harass and intimidate” Justice Isa at Imran Khan’s “behest”.