Politics polluted court proceedings, observes CJP

Chief Justice of Pakistan Justice Umar Ata Bandial has remarked that the independent judiciary is a critical component of the constitution, reported 24NewsHD TV channel.

He expressed these remarks while hearing a set of petitions challenging the Supreme Court (Practice and Procedure) Act 2023.

An eight-judge larger bench headed by CJP Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Syed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed heard the petitions on Tuesday.

At the outset of the hearing, the court sought reply from all parties. The court said that the previous SC injunction was of the interim nature.

The chief justice remarked that democracy is one of the vital features of the constitution.

“Independent judiciary and the federation are also among the critical features of the constitution. We have to determine whether the component of judiciary can be altered. Freedom of judiciary is a basic right. In this context, it’s a unique case,” CJP Bandial observed.

The chief justice remarked that court expects a serious debate on the matter by the lawyers and the larger bench wants the best assistance on it as the matter pertains to the third pillar of the state.

He remarked that there were some limits to the federal list as far as the legislation was concerned.

The top judge urged to take a review of Section 55 of the Federal Legislative List.

“There is no denying the fact that independent judiciary is an essential component of the constitution. It is being alleged that for the first time, a fundamental component of the constitution has been violated through a [piece of] legislation,” the CJP observed.

The court sought the parliamentary record of the SC Rules and Procedure Bill. It also summoned the record of debate held during the standing committee meeting.

The bench asked the political parties and lawyer bodies to submit their replies by May 8.

With this, the court adjourned the case hearing till Monday.

PBC seeks full court, removal of Justice Naqvi from bench

During the hearing, Hassan Raza Pasha from the Pakistan Bar Council told the court that the Bar always fought for the supremacy of the constitution and the independence of judiciary. He requested the bench to form a full court. “We will have no objection if seven other senior SC judges will be included in the bench hearing the case,” he added.

The PBC also requested to exclude Justice Mazahir Naqvi from the bench.

CJP retains its order barring govt from implementing SC reform law

However, rejecting the plea to form the full court, the Supreme Court retained its order barring the government to implement the SC (Practice and Procedure) Act 2023.

The top judge remarked, “The formation of a full court is chief justice’s prerogative. The court in its verdict in the Iftikhar Chaudhry case ruled that only the President can file a reference. And no judge can be stopped from working if a reference is filed against him. The judge can’t be stopped till the decision of the Supreme Judicial Council. The same verdict was given by the court during the Justice Qazi Faez Isa case.”

CJP Bandial remarked that complaints keep coming against judges including himself ‘but the political affairs have muddied the judicial atmosphere’.

He further observed that political people do not want justice, they want judgements which suit them.

The top judge remarked during the hearing of the election case, the demand for the full court was also raised. The decision regarding the Supreme Court judges is the decision of the apex court.

“Every institution is bound to implement the Supreme Court order,” the CJP added.

Then the chief justice asked Mr Pasha to inform him what his people meant by the full court? He said, “The Supreme Court Bar is there to protect the institution. Judges will come and go. Instead of giving respect to SC judges, if the judge were handpicked, then where on earth we can seek justice”.

The attorney general for Pakistan also requested the court to increase the number of judges hearing the case.

On his request, the CJP asked him to at least enlighten the court first what basically the law is and why it has been made. The bench can be decreased, the chief justice remarked.

However, the court rejected the AGP’s plea for vacating the anticipatory injunction on the law.

Reporter Amanat Gishkori