Tag: Supreme Court Bar Association

  • Regulate CJ’s powers to constitute benches, say lawyers

    Regulate CJ’s powers to constitute benches, say lawyers

    The legal fraternity on Wednesday demanded the regulation of the exercise of jurisdiction of the Supreme Court (SC), particularly ending the sole discretion of the chief justice of Pakistan (CJP) in the constitution of benches and fixing cases.

    The request was made in a joint meeting of the Supreme Court Bar Association (SCBA) and Pakistan Bar Council (PBC).

    The meeting emphasised its demand that the Judicial Commission of Pakistan (JCP) immediately amends its rules to allow nominations for judicial appointments to be initiated by any member of the Judicial Commission rather than the chief justice alone (which is even otherwise violative of Article 175-A of the Constitution) and, moreover, to frame fair, transparent and objective criteria and procedures to gauge the suitability of prospective appointees.

    Moreover, they demanded that Article 184(3) of the Constitution be amended in order to provide one right of appeal. They asked the federal government to immediately withdraw the curative review filed against Justice Qazi Faez Isa.

    SCBA President Ahsan Bhoon in a press conference said that the appointment of judges to the higher judiciary was not a matter of election, adding that the chief justice of Pakistan and members of the Judicial Commission should strictly adhere to the principle of seniority.

    Govt to withdraw review petition against Justice Qazi Faez Isa

    The federal cabinet on July 27 decided to withdraw the curat­ive review petitions filed against Justice Qazi Faez Isa.

    The cabinet meeting, chaired by Prime Minister (PM) Shehbaz Sharif, observed the action taken against Justice Isa by the Pakistan Thereek-e-Insaf (PTI) government was through “unfair use of authority”.

    An inquiry committee was constituted, which includes Minister for Kashmir Affairs Qamar Zaman Kaira, Minister for National Food Security Tariq Bashir Cheema and Minister for Education Rana Tanveer.

    The committee, after an assessment of the review petitions filed against Justice Isa, would present a report to the cabinet.

    Justice Faez Isa advised CJP not to bulldoze the due process of judges’ appointment

    Justice Qazi Faez Isa advised Chief Justice of Pakistan (CJP) Umar Ata Bandial not to bulldoze the “due process” for the appointment of more than one-third of the total number of judges in the apex court.

    In a letter written to the Judicial Commission of Pakistan (JCP), Justice Isa said that it was surprising that the JCP’s meeting had been convened to consider the appointment of five SC judges during summer vacations. It is pertinent to mention here that JCP is headed by CJP Bandial.

    “When availing of annual leave no meeting of the JCP was scheduled but as soon as I left Pakistan the CJP decided to hold two meetings of the JCP to consider appointments to the Sindh and Lahore High Courts, and now a third unscheduled meeting of the JCP is to be held during the summer vacations of the SC. The summer vacations of the SC were notified by the CJP himself, and then these were gazetted in the Official Gazette. If the CJP renders his own notification utterly meaningless then let him first withdraw it, instead of violating it,” wrote Justice Isa in his letter.

    “It suggests that the CJP does not want me to be physically present, which is illegal and unconstitutional.”

    Justice Isa said that the matter of appointing judges to the superior courts requires utmost care and due deliberation as it is a delicate matter.

    Addressing the CJP, the judge said: “Please do not ridicule the JCP and your nominees by contravening the Constitution. Restricting the JCP to consider only the CJ’s pre-selected nominees is inappropriate. The JCP deserves to be treated with respect and consideration by its chairman.”

    Justice Isa stressed the need that “all appointments must be made in accordance with the Constitution, on the basis of a predetermined and non-discriminatory criteria. And above all without any impression of favouritism. The Constitution does not grant the CJP any powers additional to those of the other members of the JCP; the CJP is only designated as the Chairman of the JCP.”

    JCP meeting underway to discuss CJP Bandial’s five nominees for elevation to SC

    JCP meeting is underway to discuss CJP Bandial’s five nominees for their elevation to Supreme Court. Justice Isa is attending the meeting from Spain and Attorney General for Pakistan Ashtar is participating from the USA.

  • Supreme Court to take up presidential reference on Article 63-A today

    Supreme Court to take up presidential reference on Article 63-A today

    The Supreme court (SC) will take up the presidential reference seeking opinion on Article 63-A of the Constitution – which deals with the disqualification of parliamentarians over defection – at 1pm on Thursday, reports Dawn.

    A five-member bench of the SC comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial will head the bench, which also includes Justice Ijazul Ahsan, Justice Mazhar Alam Khan Miankhel, Justice Munib Akhtar, and Justice Jamal Khan Mandokhail.

    Earlier, on Monday, a two-member bench of the apex court comprising CJP Bandial and Justice Akhtar took up the presidential reference and declared that a larger bench would hear the case.

    Justice Faez Isa “perplexed” over CJP Bandial’s decision to hear the presidential reference

    The senior-most judge of SC Justice Faez Isa has said that he is “perplexed” over CJP Bandial’s decision to hear the presidential reference for the interpretation of Article 63-A together with the SCBA petition over the no-confidence motion.

    In a three-page letter to the top judge, dated March 22, Justice Isa has questioned multiple legal aspects along with the formation of a larger bench “without the inclusion of senior-most judges”.

    “On 19 March 2022, a two-member bench headed by yourself and an hon’ble judge 8 in seniority, heard CP No. 2/2022 in Court on a Saturday, despite the filing of the petition on Thursday. On the said date it was ordered that CP No. 2/2022 be heard ‘along with a Reference, if any, that is filed under Article 186 of the Constitution and the petition and the proposed reference were ordered to be fixed together for hearing. I am perplexed as to how a matter which had not been filed was ordered to be fixed for hearing,” the letter said.

    Justice Isa further stated that the apex court rules demand that the constitution of a bench is done fairly and as per the law, referring to Article IV of the Code of Conduct, which says:

    “[…] a judge must avoid all possibility of his opinion or action, in any case, being swayed by any consideration of personal advantage, either direct or indirect.”

    “The Constitution specifically recognises the most senior Judge of the Supreme Court (including in Article 175A(3) and Article 180), and with seniority comes responsibility, which must not be shirked. The most senior Judge also ensures the continuity of the Supreme Court as an institution,” Justice Isa wrote.

    Better if the assembly’s fight is fought inside the assembly: CJP Bandial

    Justice Bandial on Monday heard a plea filed by the Supreme Court Bar Association (SCBA) about the lawful proceeding of the no-confidence motion in the National Assembly (NA).

    During the hearing, which was attended by three bigwigs of the Opposition — PML-N President Shehbaz Sharif, Pakistan People’s Party (PPP) Chairman Bilawal Bhutto-Zardari, and Jamiat-e-Ulema-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman, SCBA counsel argued that NA Speaker Asad Qaiser summoned the session 17 days after the submission of the no-confidence motion. However, according to Article 95, the session has to be called within 14 days.

    He further argued that the no-confidence motion could not be adjourned before voting. To this, CJ observed that it is an “internal matter” and it would be “better if the assembly’s fight is fought inside the assembly”.

    According to Justice Munib, a member’s individual vote has no “status”. Justice Munib Akhtar said after joining a political party, a member’s vote is considered a “collective” right.

    SCBA writes a reply to the apex court

    On Thursday, the SCBA submitted a written reply to the apex court ahead of today’s hearing in accordance with the court’s directives.

    In its reply, the SCBA said that the votes of MNAs “cannot possibly be construed as a collective right of a political party”, citing Article 95 of the Constitution, which deals with the procedure to bring in a no-confidence motion against the prime minister.

    Fawad Chaudhry responds to SCBA’s reply to the apex court

    Information Minister Fawad Chaudhry took to Twitter and reacted to SCBA’s response.

    Fawad said, “Reading SCBA’s answer, it seems that Supreme Court bar body is a subsidiary of Noon League,” says Fawad Chaudhry, adding, “Ordinary lawyers are dissatisfied with the role of lawyers’ organisations and the defeat of this group in the Lahore Bar elections is the result of the lawyers’ reaction.”

    Attorney General of Pakistan (AGP) Khalid Jawed Khan had submitted the reference seeking the SC’s opinion on Article 63-A of the Constitution on March 21.

  • CJP Bandial to hear petition seeking SC’s involvement to prevent ‘anarchic situation’ ahead of no-trust vote

    CJP Bandial to hear petition seeking SC’s involvement to prevent ‘anarchic situation’ ahead of no-trust vote

    The Supreme Court of Pakistan (SCP) will shortly begin hearing a petition filed by the Supreme Court Bar Association (SCBA), urging the court to direct a peaceful execution of proceedings for the no-confidence vote in the National Assembly against Prime Minister (PM) Imran Khan.

    A two-judge bench comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial and Justice Munib Akhtar are scheduled to start hearing the petition at 1pm on Saturday.

    The plea filed by SCBA with the Supreme Court on Thursday said that circumstances involving a confrontation between the government and the opposition could trigger an “anarchic situation” in the country.

    “It is evident from the political history of our country that preventing the constitutional process from taking its course has produced dire consequence for democracy and rule of law,”said the petition.

    The SCBA sought the court’s directions for all state functionaries “to act strictly in accordance with the Constitution and the law and they be restrained from acting in any manner detrimental to and unwarranted by the Constitution and the law”.

  • PM Khan slams SCBA for ‘supporting criminals, fugitives’

    PM Khan slams SCBA for ‘supporting criminals, fugitives’

    Prime Minister (PM) Imran Khan on Tuesday slammed the Supreme Court Bar Association (SCBA) over its decision to file a petition against lifelong disqualification.

    PM Khan said that one of the leading lawyers’ bodies in the country has gone to court for a “thief” who ran to London by “lying”.

    PM Khan, without taking the name of former PM Nawaz Sharif, said, “If this is how things are, then what is wrong with stealing?”

    “They [SCBA] are asking the court to give him [Nawaz Sharif] one more chance. SCBA’s next petition should be to open [the doors] of all the jails,” said PM Khan while addressing the launch ceremony of the Sehat Insaf Card in Bahawalpur.

    Referring to the criminals who were behind bars, the premier said: “If you don’t see the evil in it, then why are these poor souls behind bars? First, let them out… The next petition should be to open all jails and free all those people who have been imprisoned for theft.”

    PM Khan further said that only the powerful get away unpunished. “They can do whatever they want. Both his sons are… living in London in properties worth billions of rupees. London is the most expensive city in Europe and their properties are located in the most expensive parts of the city.”

    “Till a nation does not unite to fight [against wrongdoing], the rule of law will not prevail. Our struggle is against bandits,” said PM Imran.

    When asked about PM Khan’s comments about the petition, President SCBA Mohammad Ahsan Bhoon responded by narrating an incident about humans.

    Last week, the SCBA filed a petition against the lifelong disqualification of lawmakers and said that such a law without the right to appeal is unjust.

    It is pertinent to mention here that the result of this petition can affect the outcome of SC verdicts disqualifying Pakistan Muslim League-Nawaz (PML-N) leader Nawaz Sharif, as well as Pakistan Tehreek-e-Insaf’s (PTI) disgruntled leader Jahangir Tareen.