ISLAMABAD: Chief Justice of Pakistan Umar Ata Bandial said the federal government in reaction to its verdict on the Punjab Assembly deputy speaker’s ruling did not support his nominees for their elevation to the Supreme Court in the Judicial Commission of Pakistan (JCP) meeting dated 28-07-22.
He said this while addressing the opening ceremony of the New Judicial Year 2022-23, which was also addressed by Attorney General for Pakistan Ashtar Ausaf, Vice-chairman Pakistan Bar Council Hafeezur Rehman Chaudhry, and Supreme Court Bar Association President Ahsan Bhoon.
AGP Ausaf said: “The elevations (in SC) are made in the public interest, but also that the Members of the Judicial Commission may confirm appointments in an atmosphere of collaboration and mutual goodwill.”
“To ensure the dispensation of justice, it is vital that the most outstanding jurists be elevated to this august Supreme Court, in a manner that is rooted in merit and process,” he added.
Elevation of judges to SC: JCP meeting deferred
The chief justice, in a written speech, stated that the apex court intervened on the deputy speaker Punjab Assembly ruling of 22.07.2022 as he ignored the express words of Article 63A of the Constitution and its judgment in Presidential Reference No1 of 2022 to discard 10 votes cast by members of a political party in the election of the chief minister of the province.
He said the displeasure of the Federal Government on this decision became evident two days later on 28.07.2022 in the pre-scheduled meeting of the Judicial Commission of Pakistan (JCP) convened to consider the names of five nominees of the highest integrity and other qualities for appointment to the Supreme Court.
These nominees were supported by four of the six Judicial Members of the Commission. However, for the first time since the Commission was constituted by the 18th Constitutional Amendment in 2010, the representatives of the Federal Government in the Commission either deferred or chose not to support the candidates proposed by the Chairman. As a result, the meeting had to be adjourned.
“With utmost respect, I ponder does such a reaction by the Federal Government to an adverse decision of the Court reflect any respect for the Rule of Law and the Independence of the Judiciary? I simply leave the matter there,” said the CJP. “Pursuant to our judgment in Suo Motu Case No4 of 2021 (PLD 2022 SC 306) the Court has restricted the invocation of its original suo motu jurisdiction by the Chief Justice of Pakistan to cases recommended by one or more Judges of the Court in order to check only egregious violations of Fundamental Rights or of the mandates of the Constitution.”
“On the recommendation of Hon’ble Judges the Court took suo motu notice of the order of dissolution of the National Assembly issued by the President on 03.04.2022 whilst accepting the advice of the former Prime Minister in Suo Motu Case No.1 of 2022. The impugned action was set aside after a five day hearing. The dissolution of the National Assembly was also challenged in Constitutional Petitions and the judgment is reported as Pakistan Peoples Party Parliamentarians (PPPP) Vs. Federation of Pakistan (PLD 2022 SC 290 and PLD 2022 SC 574). Similar notice was again taken in Suo Motu Case No.2 of 2022 to ensure compliance with the due process of law when amendments were brought about in the Exit from Pakistan (Control) Rules, 2010 by the incumbent federal government. By such amendments names of persons who were a part of the Federal Government but who were also the accused in criminal complaints or criminal proceedings for committing financial offences were removed from the Exit Control List without following due process requirements. Interim directions were issued and the matter is still sub-judice.” The chief justice said; “To help with the flood relief efforts, the judges of this Court have also voluntarily contributed their three days salary while the staff donated their two days salary.”
He urged all the political parties, their leaders, all decision-makers and privileged members of the society to put aside their differences and grievances and to act in unity for the public interest and the national good. The time has come to forget personal agendas and to work collectively for nation-building.
The Court will not hesitate to act if the Constitution and/ or the constitutional institutions are undermined, violated or attacked.
Copyright Business Recorder, 2022
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