ISLAMABAD: Chief Justice of Pakistan Umar Ata Bandial has said all authorities and the organs of the State are bound to obey and implement the orders of the Supreme Court.
An eight-member bench, headed by Chief Justice, and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Syed Hassan Azhar Rizvi, and Justice Shahid Waheed on Tuesday heard the petitions against the Supreme Court (Practice and Procedure) Bill, 2023.
The bench on April 13 had declared that the moment Supreme Court (Practice and Procedure) Bill, 2023 receives the assent of the president or it is deemed that such assent has been given, then from that very moment onwards and till further orders, the Act that comes into being shall not have, take or be given any effect nor be acted upon in any manner.
The bench dismissed the request of the Chairman Executive Committee of the Pakistan Bar Council, Hassan Raza Pasha, to constitute a Full Court minus a judge against whom complaints of misconduct were pending in the Supreme Judicial Council (SJC). Hassan stated this is a sensitive matter; therefore, if a SC Full Court or seven most senior judges hear this case then no one, even the political parties, would have objections to the Court order.
The chief justice responded that in ex-CJP Iftikhar Muhammad Chaudhry case, the apex court has held that mere filing of the reference against a judge in the SJC does not impair the work of the judge unless the Council record its recommendations. “We have followed the same principles in the case of another judge of the Supreme Court (Justice Qazi Faez).”
“If you want to talk about one judge then there are many references filed against other judges of the Supreme Court.”
He said the politics have diluted the Courts’ environment, as the “political entities don’t want the justice, but favour”; therefore, there is a pick and choose of judges. He said under the SC Rules it is the prerogative of the chief justice to constitute the benches. Why include or exclude A, B, or C judge, he questioned. If judges are not respected, then there will be no justice.
The chief justice said the decisions of the senior judges, Full Court or any judge are the decisions of the Supreme Court. “In the Supreme Court, every judge is respected and their decisions should be obeyed by all the executive authorities and the organs of the State.” The chief justice said; “Our constitution recognises salient features which are Parliamentary Form of government, independence of judiciary, Islamic provisions, and federalism. It is alleged that for the first time in history, the independence of the judiciary is violated through statute.
The law passed by the Parliament is an attack on the salient features, adding there are many judgments which say that even the Martial Law regimes cannot reduce the powers of the Supreme Court and obliterate the chapter of Fundamental Rights.
The chief justice said that the objections have been raised by the petitioners that can through the statute the salient features of the constitution be modified, changed or altered. Our order dated April 13 is for the independence of the judiciary. The chief justice noted that under Entry 55 of the Federal Legislative List, there are certain limitations.
Copyright Business Recorder, 2023