Crisis in Judiciary Justice
Mandokhel refused to sit on a Supreme Court bench with the chief justice and the other bench members due to not being consulted before constituting the bench. Justice
Minallah regrets
apex court's conduct, terms it akin to 'advancing political strategies' Justice Minallah calls for 'introspection' as country verges on constitutional crisis. Justice Minallah, who is among those judges of the apex court who have rejected the suo motu notice taken by the
Chief Justice of Pakistan Umar Ata Bandial regarding the
delay in polls in Khyber Pakhtunkhwa and Punjab, said that by entertaining the petitions and suo motu jurisdiction, the court would be "unjustifiably undermining the independence of two provincial high courts." Judges must not be seen as 'politicians in robes', says Justice Minallah Foreign Minister
Bilawal Bhutto Zardari, who is also the Chairman of
PPP said that Judicial dictatorship not acceptable. He said "If there is no difference among the SC judges, then what is the issue in constituting a full court? You can save the country from the constitutional crisis by making a full court." Coalition Government asked
Chief Justice of Pakistan (CJP) Umar Ata Bandial to first put his "own house in order" before asking politicians to sit together. Former Sindh High Court Bar Association president Salahuddin Ahmed told Dawn that he is also of the opinion that the current conflict within the judiciary is fast heading towards a 1997-like situation. Chief Justice of Pakistan (CJP) Umar Ata Bandial has reached out to his fellow judges to put an end to the division in the Supreme Court as the controversy surrounding the top court's verdict on election delay case in Punjab and Khyber Pakhtunkhwa (KP) continues to deepen.
Resolution against Judiciary On 28 March 2023, the
Pakistani government unanimously passed a controversial resolution against the
Judiciary. The resolution, which was introduced by
Information Minister Maryam Aurangzeb, rejects the Judiciary's interference in the legislative process. On 6 April 2023, The
National Assembly passed a resolution to reject the decision of the three-member bench of the Supreme Court (SC) — which had instructed the
Election Commission of Pakistan (ECP) to conduct snap polls in the country.
Justice Naqvi Controversy First time in the Pakistan History, The Pakistan Bar Council (PBC), the apex regularity body of lawyers, on Friday filed a complaint of misconduct against Supreme Court's Justice Sayyed Mazahar Ali Akbar Naqvi in the Supreme Judicial Council (SJC). Two judges of the Supreme Court, Justice
Qazi Faez Isa and Justice Sardar Tariq Masood, have written to the
Supreme Judicial Council (SJC), urging the top judicial body to initiate proceedings on complaints of alleged "misconduct and financial impropriety" against their fellow apex court judge, Justice
Sayyed Mazahar Ali Akbar Naqvi. However, the Supreme Judicial Council meeting was not yet called by Chief Justice Umar ata Bandial. The prime minister also pointedly asked the chief justice to respond to the allegation of corruption against a fellow judge."I want to ask the chief justice, that a judge against whom there have been serious allegations, what message do you want to send to the nation by having him sit alongside you?" the premier said.
Disputed appointment of Registrar The federal cabinet withdrew the services of Supreme Court Registrar Ishrat Ali after a letter from Justice Qazi Faez Isa that sought the removal of the circular by the registrar. Justice Qazi Mentioned in the letter that the bureaucratic holding of the office of the Registrar violates Article 175 (3) of the Constitution, which mandates the complete separation of the Judiciary and the Executive. Justice Qazi stated that Registrar's conduct demonstrates that he does not have the requisite competence, ability, and understanding to hold the office of the Registrar. However, Pakistan's Chief Justice Umar Ata Bandial Tuesday directed the registrar of the Supreme Court to not relinquish the charge of his office.
Demand of resignation The government asked Chief Justice Umar Ata Bandial's resignation on Friday, a day after the
PDM-led federal government issued a resolution opposing the Supreme Court's (SC) decision mandating elections in Punjab on 14 May 2023. In a confrontational press conference, the Federal Minister of Information,
Marriyum Aurangzeb, sought the resignation of Chief Justice Umar Ata Bandial, asserting that the recent case was not about elections but rather bench fixing.
Nawaz Sharif, the leader of the
Pakistan Muslim League-Nawaz (PMLN), demanded the
Chief Justice of Pakistan quit immediately and accused him of promoting the
PTI party's agenda. Sharif criticised the CJ in a tweet on Friday, asserting that courts should help nations escape crises rather than drive them into them. He further charged the chief justice with supporting the PTI's agenda and imposing the minority's viewpoint over the majority's decision in the
Punjab election case. Amid a deepening political and constitutional crisis, the Khyber Pakhtunkhwa Bar Council has joined the people demanding Chief Justice of Pakistan (CJP) Umar Ata Bandial's resignation, asking the top judge to step down as he had become "controversial". Another complaint against four Supreme Court (SC) judges including Chief Justice of Pakistan (CJP) Umar Ata Bandial was filed on Monday at the Supreme Judicial Council (SJC) seeking their removal from office. In addition to the CJP, Justice Munib Akhtar, Justice Ijazul Ahsan and Justice Mazhar Ali Naqvi have been named in the complaint.
SC (Practice and Procedure) Bill 2023 The government presents a bill in the National Assembly as
PM Shehbaz Sharif accuses the top court of creating '
political instability'. Pakistan SC sets up larger bench against bill recently passed to curtail powers of Chief Justice. However, the legal fraternity has strongly reacted over the composition of the eight-member larger bench of the Supreme Court hearing “premature petitions” against the SC (Practice and Procedure) Bill 2023, saying that the selection of judges for this purpose was justifying that the discretionary powers of the chief justice of Pakistan should be regulated. Advocate Salar Khan pointed out that with the predictability of this bench, the CJP, himself, made the best case for passing the very same law that this petition had challenged. Coalition parties reject 'controversial' SC bench formed to take up SC bill. "There is a conflict of interest as bill passed against CJP's powers is being heard by himself," law minister say SC puts on hold non-existent law in pre-emptive strike.
Alleged audio leak of Bandial's mother-in-law On 23 April 2023, a supposedly recorded phone call between
Pakistan Tehreek-e-Insaf's lawyer
Khawaja Tariq Rahim's wife
Rafia Tariq and Chief Justice Umar Ata Bandial's mother-in-law
Mahjabeen Noon went viral. They reportedly discussed their support for the chief justice of the Supreme Court and their desire for immediate elections. The women allegedly voiced anger towards the
PDM's government during the claimed call. The PDM government later formed a judicial commission to investigate the leaked audio call and requested CJP Bandial to step down from the bench in order to guarantee that proper justice be delivered. == See also ==