Tag: Umar Ata Bandial

  • Supreme Court disposes of Justice Faiz Isa’s order to stop all suo moto proceedings

    Supreme Court disposes of Justice Faiz Isa’s order to stop all suo moto proceedings

    A six-member bench of the Supreme Court formed to deliberate on Justice Faez Isa’s order freezing all the suo moto notices, closed the case after a 5-minute hearing.

    The larger bench includes Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Syed Hasan Azhar Rizvi.

    Earlier, Justice Isa, while hearing a case pertaining to the grant of additional 20 marks to Hafiz-e-Quran pre-medical candidates for admission into MBBS/BDS degrees, had issued an order to halt all suo moto hearings.

    Later, a circular was issued by the SC Registrar Ishrat Ali ‘disregarding’ the order, triggering controversy about whether a judicial order can be overruled by an administrative order.

    Regarding the matter, Justice Faez Isa asked the registrar to resign, followed by the federal government removing him from his post.

    The decision was taken during a special meeting of the federal cabinet — held under the chairmanship of Prime Minister Shehbaz Sharif — at the PM House in the federal capital.

    The cabinet examined the issue of issuance of a circular by the registrar against the order of the Supreme Court, a statement read, following which he was asked to report to the Establishment Division.

    On Monday, the brewing crisis in the SC dialed up a notch when Justice Qazi Faez Isa wrote a letter to the Registrar and asked him to immediately withdraw the circular that disregarded the judge’s judicial order about the postponement of suo moto proceedings.

    In his order dated March 29, Justice Isa had written that the Chief Justice of Pakistan does not arbitrary powers to form benches and list cases for hearings. “With respect, the Chief Justice cannot substitute his personal wisdom with that of the constitution,” the stern-worded document said.

    In the letter addressed to Ishrat Ali, the top judge said that he was astonished to receive a ‘Circular’ bearing No. Registrar/2023/SCJ dated 31 March 2023.

    He reminded the officer that “a registrar does not have the power or authority to undo a judicial order, and the Chief Justice cannot issue administrative directions with regard thereto.”

    He wrote that the registrar should be aware of his constitutional responsibility as a senior officer, advising him to leave the charge of the post. 

    Justice Isa is set to become the next chief justice later this year.

  • Elections to be held in Punjab on May 14: Supreme Court

    The Supreme Court (SC) on Tuesday declared Election Commission of Pakistan’s (ECP) decision on delay in Punjab and Khyber Pakhtunkhwa (KP) election null and void. 

    The Supreme Court, in its verdict, declared the electoral body’s decision to hold polls on October 8 as “unconstitutional”.

    A three-member bench headed by Chief Justice of Pakistan Umar Ata Bandial, comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar, announced that Punjab polls should be conducted on May 14.

    Regarding the elections in Khyber Pakhtunkhwa, the three-member bench said during the course of the hearing nobody represented the provincial governor therefore the issue, only till this extent, will remain under debate.

    The court maintained that 13 days were wasted because of the ECP’s unlawful decision, directing the caretaker government in Punjab to assist the commission and instructed the ECP to inform the court if the government refused to do so.

    The last date for submitting appeals against the decision of the Returning Officers will be April 10. The Election Tribunal will decide on the appeals on April 17.

    It added that the federal government should provide Rs21 billion in funds by April 10 to the ECP and directed the body to present a report on the issue by April 11.

    The verdict also said that the Supreme Court will issue instructions to the authorities concerned in case the funds are not provided.

    “Punjab government should give a security plan to the Election Commission,” said the top court’s verdict. It added that Punjab’s interim cabinet and chief secretary should report to the ECP regarding the electoral staff by April 10.

    The ECP had earlier set the date for elections in Punjab on April 30, but later it was postponed to October 8 — in Punjab and KP as well — prompting the opposition party, Pakistan Tehreek-e-Insaf (PTI), to file a plea in the top court.

    The apex court — which initiated proceedings on PTI’s petition on March 27 — reserved the verdict a day earlier, saying it would announce it the next day, April 4.

    It is pertinent to mention here that the coalition government had raised reservations on the three member supreme court bench and demanded a full to hear the case.  In a National Assembly meeting yesterday, Prime Minister (PM) Shehbaz Sharif categorically said the ruling coalition had no-confidence in the three-member SC bench.

  • PDM moot meets today to discuss future strategy for the government

    PDM moot meets today to discuss future strategy for the government

    Leaders of the Pakistan Democratic Movement (PDM) will meet today to discuss future strategy for the government.

    Chairing the meeting from via a video link, Prime Minister (PM) Shehbaz Sharif will discuss the “overall political situation of the country” while Law Minister Azam Nazir Tarar will brief the members on legal issues, Radio Pakistan said.

    The current political situation, the upcoming elections in line with the Election Commission of Pakistan’s (ECP) decision, and the SC proceedings, as well as the role of the CJP and the top court, will all be under discussion.

    Earlier, Pakistan Muslim League-Nawaz (PML-N) supremo, Nawaz Sharif, had spoken out against the decision to disqualify him as prime minister, stating that it hurt the future of the country.

    Speaking at a press conference in London on Friday evening, Nawaz said, “I appeal to my people, open your eyes. This is a cruel joke. In 2017, weren’t you happy? You had full stomachs, your families were content. After 2017, what was the situation?”

    Hitting out at the judiciary, Nawaz criticised incumbent Chief Justice of Pakistan (CJP) Umar Ata Bandial and former CJP Saqib Nisar and said there was consensus “among all” that a full court should hear the elections case.

  • ‘Are all decisions and benches only for Imran Khan?’: Nawaz raises questions on judiciary

    ‘Are all decisions and benches only for Imran Khan?’: Nawaz raises questions on judiciary

    Pakistan Muslim League-Nawaz (PML-N) supremo, Nawaz Sharif, has spoken out against the decision to disqualify him as prime minister, stating that it hurt the future of the country.

    Speaking at a press conference in London on Friday evening, Nawaz said, “I appeal to my people, open your eyes. This is a cruel joke. In 2017, weren’t you happy? You had full stomachs, your families were content. After 2017, what was the situation?”

    Hitting out at the judiciary, Nawaz criticised incumbent Chief Justice of Pakistan (CJP) Umar Ata Bandial and former-CJP Saqib Nisar and said there was consensus “among all” that a full court should hear the elections case.

    “Then why this zid [stubbornness]? Why the insistence that only three judges will be on the bench? This is a national issue, not the issue of one truck, cart or of vacating a plot. Why just these three judges?” he questioned.

    “All political parties have said this, the government wants this, bar associations want this, parliament has expressed its will and even passed its bill. It is now with the president… parliament is the country’s major institution, its sanctity should be respected,” he elaborated.

    Justice Bandial has been criticised for forming what critics have called a “like-minded bench” to hear major cases, ignoring senior judges, most notably Justice Qazi Faez Isa.

    “For one man, you [the judges] are giving decisions? Have you ever taken a suo motu on things said by Justice Shaukat Siddiqi? Or what ex-COAS Gen Bajwa said? Doesn’t this warrant a suo motu that Nawaz Sharif was treated unjustly,” Nawaz Sharif asked, who was disqualified for life by a Supreme Court bench.

    “Are all decisions and benches for Imran Khan?” questioned the former Prime Minister, adding “I also heard that the chief justice had tears in his eyes, if these are from fear of God then that is welcome news. I cannot say more.”

    Furthermore, Nawaz called for a full court to be formed to hear a petition by the Pakistan Tehreek-e-Insaf (PTI) against the delay in Punjab elections.

  • ‘One-man show tabaahi ka baayis banega’: Maryam Nawaz criticises CJP Bandial for facilitating PTI

    ‘One-man show tabaahi ka baayis banega’: Maryam Nawaz criticises CJP Bandial for facilitating PTI

    Pakistan Muslim League-Nawaz (PML-N) Senior Vice President Maryam Nawaz took to Twitter and without naming Chief Justice of Pakistan (CJP) Umar Ata Bandial criticised him, stating that “one man show will lead to disaster.”

    In a thinly veiled jibe at the crisis in the apex court, Maryam wrote, “A person whose own brothers judges mistrust him, raise questions, the decision given by him will have no legal or moral status.”

    “It is the responsibility of the entire nation to prevent the House of Justice from becoming the House of Tehreek-e-Insaaf on behalf of a few facilitators. A one-man show will lead to disaster.”

    It is pertinent to mention here that Maryam Nawaz’s tweet comes at a time when the SC judges have recused themselves from hearing the PTI’s petition against the Election Commission of Pakistan’s decision to delay polls in Punjab and Khyber Pakhtunkhwa (KP).

    The initial five-member bench comprising CJP Bandial, Justice Ahsan, Justice Akhtar, Justice Amin-Ud-Din Khan, and Justice Jamal Khan Mandokhail held three hearings on the matter from Monday till Wednesday. 

    Another three-member bench was formed today after two of the five judges of the original five-member larger bench recused themselves.

  • ‘Mera bhi dil hai’, Chief Justice Bandial ki ankhon mein aansoo aa gaye

    ‘Mera bhi dil hai’, Chief Justice Bandial ki ankhon mein aansoo aa gaye

     Now at three members — resumed hearing the PTI’s petition against the Election Commission of Pakistan’s decision to delay polls in Punjab on Friday.

     The Supreme Court on Friday rejected the government’s request to form a full court on the Punjab and Khyber Pakhtunkhwa election delay case. 

    A three-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar, rejected the request put forward by Attorney General for Pakistan Mansoor Usman Awan on behalf of the government. 

    During the hearing it was reported that CJP Bandial got teary eyed and said that he too has a heart and emotions.

    SC bench dobaara toot gaya; After Justice Amin, Justice Mandokhail recuses from hearing election delay case

    Justice Jamal Khan Mandokhail, who was part of the four-member bench hearing the case against the delay of Punjab and Khyber Pakhtunkhwa (KP) elections, has excused himself from hearings on Friday morning, adding to the turmoil gripping the Supreme Court.

    Justice Mandokhail said that Justice Amin-ud-Din excused himself from hearing the case. After Justice Amin’s decision, the order was awaited. “I received the court order yesterday at home. I have written a separate note on the order, Attorney General, please read the dissenting note,” said Justice Mandokhail.

    The Attorney General read the dissenting note of Justice Jamal Mandokhail, in which it was said that he was a member of the bench; he was not consulted while writing the judgment. “I think I am a misfit in the bench,” the justice wrote in his note.

    A four-member bench of the Supreme Court headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial was to hear Pakistan Tehreek-e-Insaf’s (PTI) plea against the delay in elections in Khyber Pakhtunkhwa (KP) and Punjab today.

    Initially, a five-member larger bench of the top court was hearing the case.

    The original bench comprised CJP Bandial, Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Amin-Ud-Din Khan, and Justice Jamal Khan Mandokhail.

    However, on Thursday the bench was dissolved after Justice Khan recused himself from the case after a Supreme Court order halted proceedings under Article 184(3).

    After the dissolution of the bench, Supreme Court announced that the bench would continue hearing the case without Justice Khan.

    Taking to Twitter, the PTI Chairman Imran Khan said, “Whether it’s a 5 mbr SC bench or Full Bench, it makes no difference to us bec all we want to know is if elections will be held within the 90 days’ constitutional provision.”

    “Before we dissolved our two provincial assemblies, I consulted our top constitutional lawyers, all of whom were clear that the 90-day constitutional provision on holding elections was inviolable.”

    “Now Imported Govt of crooks, their handlers & a compromised ECP are making a complete mockery of Constitution. By cherry picking which Articles of Constitution they will abide by, they are threatening the very foundation of Pakistan, which is the Constitution & Rule of Law. So petrified are they of elections & so desperate to whitewash their convicted ldrs that they are prepared to destroy the Constitution & any semblance of Rule of Law.”

  • Big move: Senate passes bill aimed at limiting powers of chief justice

    The Senate has passed the Supreme Court (Practice and Procedure) Bill 2023 on Thursday, setting in motion limiting of Chief Justice of Pakistan’s discretionary powers to take suo motu notice.

    Upon voting, the bill received 60 votes in favour and 19 in opposition, breezing through the Upper House despite Pakistan Tehreek-e-Insaf’s (PTI) opposition to it.

    A day earlier, the National Assembly (NA) passed the bill after fiery speeches by government members in parliament, criticising former chief justices.

    The bill states that any matter that comes before the Supreme Court shall be heard and disposed of by a bench constituted by a Committee comprising the Chief Justice of Pakistan and two senior most judges, in order of seniority.

    Moreover, it says that any application pleading urgency or seeking interim relief filed in a cause appeal or matter, shall be fixed for hearing within fourteen days from the date of filing.

    The development has taken place after two top judges—Justice Jamal Khan Mandokhail and Justice Syed Mansoor Ali Shah—criticised CJP Umar Ata Bandial, saying that the Supreme Court can’t rely on him for its decision. Using strong words against the CJP, both of them were of the view that institutions should review this “one-man power show”.

  • Biryani ka laalach de ke logon ko bulaya jata hai, PTI criticises Maryam Nawaz for holding jalsa

    Biryani ka laalach de ke logon ko bulaya jata hai, PTI criticises Maryam Nawaz for holding jalsa

    Pakistan Muslim League-Nawaz (PML-N) Senior Vice President Maryam Nawaz has come under fire for holding a workers’ convention in Khudian on Wednesday.

    Her rival party—Pakistan Tehreek-e-Insaf (PTI)—mocked the party for distributing biryani among the attendees. They accused that PML-N lured the people to attend the convention in the name of biryani.

    Former Human Rights Minister Shireen Mazari, taking a jibe at Maryam said, “No wonder Pineapple Maryam wants to evade elections as long as Imran Khan is here.”

    https://twitter.com/OmarAyubKhan/status/1641120682846175235?s=20

    During Wednesday’s jalsa, the PML-N leader didn’t hesitate to call out the judiciary. Without naming anybody, she advised the facilitators not to help PTI Chairman Imran Khan, as he had always let his helpers down. She said that former chief justice Saqib Nisar and Justice Khosa hatched a conspiracy against Nawaz Sharif and selected Imran Khan.

    Maryam declared Supreme Court (SC) judge Mazahar Ali Akbar Naqvi, “a facilitator of Imran Khan, whose corruption case is awaiting trial at the Supreme Judicial Council”.

    Pointing to Chief Justice (CJ) Umar Ata Bandial, Maryam said that the line of people seeking justice in courts is longer than the queue waiting for free flour.

    Maryam said the CJP said that the government has money for laptop schemes but does not have Rs20 billion for elections in Punjab.

    She said that they have Rs20 billion for elections in Pakistan one time, not thrice. She reiterated that there is no guarantee that the PTI would accept the outcome of these elections if they lose it.

  • ‘ECP ne kaisay election ki date di?’: Justice Mandokhail drops bombshell in court, sticks to detailed order

    ‘ECP ne kaisay election ki date di?’: Justice Mandokhail drops bombshell in court, sticks to detailed order

    The Supreme Court (SC) on Wednesday resumed hearing PTI’s petition against the decision of the Election Commission of Pakistan’s (ECP) to delay polls for Punjab Assembly.

    A five-member larger bench — headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Jamal Khan Mandokhail and Justice Aminuddin Khan — is hearing the case.

    During the hearing yesterday, Justice Bandial obser­ved that the ECP did not have any right or legal backing to extend the election date till October 8 and asked the Attorney-General for Pakistan (AGP) to get instructions from the federal government in this regard.

    However, when hearing resumed today, Justice Mandokhail, explaining yesterday’s remarks, said that there was a lot of confusion on his comments and he wanted to clarify them. “I stand by my detailed order. One part of the judgement is related to the rules of administrative powers, and that the Chief Justice will be asked to form a committee of judges to look at the rules, the committee of judges will look at the rules of administrative powers, in the second part of the judgment, we four judges have automatically rejected the notices and petitions,” said Mandokhail.

    Justice Mandokhail stated that according to him the verdict of the four judges in the suo motu case was the ‘order of the court’. “The CJP has not issued an ‘order of the court’ to date.

    Justice Mandokhail said that the decision of the four judges is the order of the court. “The Chief Justice of Pakistan did not issue this order of the court. How did the president give the election date when there was no decision? Has the ECP released the schedule? Today bring in court record file; it [will not] have the order of the court; all the judges sign the order of the court.”

    He said that he stands by the brief and detailed decision he gave.

    The judge also said that the decision on who will take a suo motu case was an “internal matter” of the court.

    Here, the CJP noted that Justice Mandokhail had given his explanation but the latter interjected him, saying that he was still speaking.

    Subsequently,  PPP lawyer Farooq H. Naek demanded that a full court bench be constituted to hear the case to which Justice Mandokhail said: “Why full court? The same seven-member bench should hear the case.”

    However, the PPP lawyer contended that the current situation called for the formation of a full court bench. He also highlighted that clarification was needed regarding the SC’s March 1 verdict.

    At that, the chief justice told Naek to submit a written request in court.

    Bill:

    The government on Tuesday tabled a bill titled “The Supreme Court (Practice and Protection) Bill, 2023” in the National Assembly and adopted a resolution holding “undue interference by the judiciary in political matters as a cause of political instability in the country”.

    It is expected that the standing committee will pass the bill in its meeting scheduled for today.

    The bill proposes a committee of three judges headed by the chief justice which will be empowered to take suo motu notice as opposed to the earlier practice, which allowed the CJP to initiate proceedings under Article 184(3) in an individual capacity.

    According to the proposed law, every cause, appeal, or matter before the Supreme Court shall be heard and disposed of by a bench constituted by the committee comprising the CJP and two senior-most judges in order of seniority. It added that the decisions of the committee shall be by majority.

    In the bill, the right of appeal is being given to the accused party for the first time, which will be allowed to file an intra-court appeal within 30 days from the date of suo motu notice.

  • Election suo moto: Supreme Court will hear the case tomorrow

    Election suo moto: Supreme Court will hear the case tomorrow

    Chief Justice of Pakistan (CJP) Umar Ata Bandial on Tuesday pointed out that the Election Commission of Pakistan’s (ECP) decision to postpone polls in Punjab was taken in haste.

    During the hearing, the criticism from top court judges, Justice Syed Mansoor Ali Shah and Justice Jamal Khan Mandokhail was also discussed.

    “Two honourable judges gave a decision. It’s the opinion of those two judges but is not related to the current case. Do not bypass a sensitive matter,” remarked the CJP.

    However, the two judges also said that the suo motu proceedings initiated by the CJP were “wholly unjustified”, besides being initiated with “undue haste”.

    About the polls matter, CJP Bandial remarked that the court does not want to drag this matter. He also said that elections are necessary for a democracy.

    The hearing was then postponed till 11:30am tomorrow (Wednesday).

    CJ Bandial says he respects colleague’s criticism, resumes hearing over polls

    After criticism of the unfettered powers enjoyed by Bandial by his fellow judges Justice Syed Mansoor Ali Shah and Justice Jamal Khan Mandokhail, the head of the apex court said that the note is his colleagues’ opinion.

    Earlier on Tuesday, the five-member larger resumed the hearing on election suo moto, with Justice Jamal Khan Mandokhail sitting on the bench.

    ‘One-man power show’: Chief Justice under fire by his own colleagues

    On March 27, the top court judges said that the suo moto taken by the top court over the delay in elections was rejected by four judges so there is no point in the proceedings of the case.

    Turning their guns toward CJP Bandial, the two judges said that the SC can’t rely on him for its decision. Using strong words against the CJP, both of them were of the view that institutions should review this “one-man power show”.

    “When one person has too much power, there is a risk that the institution may become autocratic and insulated, resulting in one-man policies being pursued, which may have a tendency of going against the rights and interests of the people,” the document read.

    They said that CJP has unlimited powers and he can enjoy that tirelessly.

    Regarding the election matter, the top court judges directed Lahore High Court (LHC) and Peshawar High Court to settle the problem in both provinces.

    It should be noted that the Supreme Court had taken notice itself regarding the date of the election in Punjab and Khyber Pakhtunkhwa (KP) and initially a 9-member larger bench was formed on it. However, later, a five-member bench heard the case and announced that elections should be held within 90 days.

    Earlier, a bench headed by Bandial heard a plea by Pakistan Tehreek-e-Insaf (PTI) against the Election Commission’s decision to delay Punjab elections till October 8.