Unrequired suo motu taken in political matters: PBC

29 Mar, 2023

ISLAMABAD: The Pakistan Bar Council (PBC) said it always demanded that the superior courts should never indulge in political affairs to keep the judiciary as impartial to uphold the supremacy of the Constitution and rule of law in the country.

PBC Vice-Chairman Haroon Rashid and Chairman Executive Committee of the Council in a statement issued on Tuesday said unfortunately, the recent suo motu was taken in political matters which was not required, particularly, when the matter was sub-judice before the two high courts.

It is always the practice of the Supreme Court that whenever the matter is sub-judice before the high courts, the apex court does not interfere, but unfortunately, this practice has been ignored in some matters particularly in the case of suo motu jurisdiction referred by two judges of the Supreme Court in service matter pertaining to transfer of CCPO, Lahore, which culminated in a dissenting judgment passed by the Supreme Court and the lower the dignity of the judiciary.

The PBC expressed its serious concerns about polarisation in the Supreme Court. It time and again made an effort to eliminate the impression of polarisation and division and requested that criteria should be formed in respect of suo motu jurisdiction and a committee should be constituted for constitution of benches just to keep harmony in the institution but demand of legal community was not honoured and in result thereof the institution of judiciary is suffering.

The PBC has great respect and honour for the institution of judiciary and always believes that the trust of the public at large should never be shaken at the institution of judiciary, particularly in view of the latest judgment of the Supreme Court. It is a matter of concern that a full court barring, two judges who had recused to hear the matter, should hear the matter with regard to the interpretation of the constitution just to save the country and nation from an anarchic situation.

The council also demanded that all political parties should avoid from character assassination of the judges of superior judiciary, they should comment only on judgment and not on judges to save the honour and prestige of the Supreme Court.

Copyright Business Recorder, 2023

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