ISLAMABAD: Chief Justice Qazi Faez Isa said due to an order of the Lahore High Court (LHC), the general elections 2024 could have been derailed; therefore, before going to winter vacations they held proceedings at midnight.

The CJP was addressing a Full Court reference held in Courtroom No1 in honour of Justice Sardar Tariq Masood, who is going to hang up his robes on March 10. Attorney General for Pakistan Mansoor Usman Awan, Pakistan Bar Council Vice-Chairman Riazat Ali Sehar, and Supreme Court Bar Association President Shehzad Shaukat addressed the ceremony.

The chief justice said he wanted a three-judge SC bench comprising the senior-most judges to hear the appeals. However, Justice Ijazul Ahsan refused to sit on that bench; therefore, the next senior judge was included in the hearing of appeals against the LHC’s order and passed the verdict at 12 at night.

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He said if they would not have heard the Election Commission of Pakistan (ECP)’s appeals then the general elections could not have been held on the date (February 8) given by the President and could have been derailed.

CJP Isa underscored the pivotal role Justice Masood could have played as chief justice of the LHC, noting that the province suffered due to his absence from this position. However, he emphasised that the Supreme Court benefited immensely from Justice Masood’s presence.

Justice Faez highlighted the significant contributions of the jurist and expressed gratitude for his service to the judiciary. He said in my opinion, Justice Masood was unnecessarily criticised for his order on Intra-Court Appeal against the trial of civilians by military courts. He said Justice Masood had not given any opinion in his note regarding the military courts.

Addressing concerns raised about Justice Masood’s involvement in the military courts’ case, the CJP deemed them invalid, affirming Justice Masood’s integrity and commitment to upholding the rule of law.

Justice Faez said Justice Masood played a vital role in the judges’ committee, constituted under the Supreme Court (Practice and Procedure) Act, 2023, adding the outgoing judge heard 40 to 50 days per day which helped in reducing pendency in the apex court.

The chief justice said he is aware of judges’ vacancies in the Supreme Court, adding they were considering amending Rules regarding judges’ appointments. The time has come to have a separate secretariat of the Judicial Commission of Pakistan (JCP) for the appointment of judges.

In his address, Justice Masood emphasised the importance of judicial independence, stating that it extends beyond mere separation from the administration. He underscored the necessity for judges to remain fearless in the face of powerful influences, cautioning against compromising judicial independence for the acceptance of influential circles. Justice Masood served the Supreme Court for eight years.

AGP Mansoor said Justice Masood in case of Javed Iqbal vs State emphasised the role and responsibility of the prosecution in demonstrating that all steps in the handling of physical evidence, including recovery, packaging, safekeeping, and transmission to a laboratory are properly followed.

Copyright Business Recorder, 2024