Chief Justice of Pakistan (CJP) Umar Ata Bandial said on Sunday that judges of the Supreme Court could not “blink” their eyes if the Constitution mandated polls within 90 days of an assembly’s dissolution, adding that it is their duty to say that, and not a choice, Aaj News reported.
“If it (the constitution) says 90 days for holding elections, it is our duty to say that. It is not our choice,” the CJP said while speaking at a conference on minorities’ rights in Lahore.
The chief justice said he was confident that the constitution would be adhered to instead of reasons being found to circumvent it.
He said good court decisions are made on merit and not on a technicality.
“Whenever we resort to technicality, our focus is shifted elsewhere,” he said while referring to the Maulvi Tamizuddin case.
The CJP also said that individual judges of the Supreme Court need not be supported, seemingly referring to the pro-CJP rallies held by the Pakistan Tehreek-e-Insaf on Saturday.
“You say you support us, please don’t say that, I am just one of the members of the Supreme Court of Pakistan,” the CJP said. “If you stand up for the constitution and the law, then you must stand with the Supreme Court of Pakistan and not any individual.”
“We have no existence individually; our existence is as a unit, as a constitutional organ and that is how we function.” He added that he was a “humble man” and not worthy of controversy.
“The important thing is when the Supreme Court speaks on merit, its judgement is on moral authority,” he said. “If a judgement is not challenged it becomes final”
He added that he was “optimistic” that the people, leaders, and institutions of the country were committed to the constitution and were negotiating out of that sense of commitment. However, he added that the court had nothing to do with the negotiation but would support it.
“Otherwise our judgement is there, it has a force of its own. It will not be implemented today, it will last to the test is time and shall be implemented tomorrow.”
Concluding his speech, CJP Bandial said: “The implementation bench is always there so file an application and let’s see what happens.”