CJP undermined judicial commission: SC judges

(L to R) Supreme Court Justice Qazi Faiz Isa, Chief Justice Umar Atta Bandial and Justice Sardar Tariq Masood. – Twitter/SC website
  • Justice Qazi Faiz Isa and Justice Tariq Masood criticized the Chief Justice.
  • The judges say that the Chief Justice should abide by the JCP rules, more than anyone else.
  • He says that the JCP needs to immediately take the judges to the Supreme Court.

ISLAMABAD: Supreme Court Justice Qazi Faiz Isa and Justice Sardar Tariq Masood said on Thursday that Chief Justice Umar Atta Bandial had undermined the decision of the Judicial Commission of Pakistan (JCP) by refusing to accept it on the promotion of judges. .

Reaction to Speech of the Chief Justice During the full court reference on the occasion of the Supreme Court’s new judicial year, Justices Isa and Masood noted that although the Chief Justice had said that constitutional institutions should not be undermined, violated or attacked, they By denying himself, he harmed the JCP. Accepting his decision.

“Incidentally, the undersigned has been in the minority in several other meetings of the JCP, but never once has he expressed reprimand or criticism of any member of the JCP,” the judges said.

He said that all the members of the JCP including its chairman are equal, the only additional responsibility of the Chief Justice is that he should also act as its chairman.

“The constitution provides that the JCP shall nominate judges by a majority of its total membership,” he said, adding that the JCP at its meeting on July 28 Five candidates recommended by the chairman were not approved..

The judges said it was also questionable whether they should praise themselves for the number of cases they decide when the Supreme Court is more than a third vacant.

Justice Isa and Justice Masood said, “We have repeatedly requested the JCP chairman to convene the JCP meeting (before and after summer vacation) to facilitate nominations to the Supreme Court. Can.”

“To emphasize the urgency, we had said that non-filling of vacancies was dereliction of constitutional duty but to no avail.

“The Supreme Court cannot be kept in suspended motion unless the members, to use the words of the CJP, support the nominees recommended by the Chairman,” he said.

“We were sitting to the right and left of the Chief Justice as he read his address,” said the judges, who remained silent to maintain the decorum of the ceremony.

However, since the Chief Justice’s address was widely reported in the media, it forced him to clarify, lest his silence be misconstrued as acquiescence.

Both the judges in their joint letter to the Chief Justice, Justice Ijazul Hassan (JCP Member), Justice Syed Mansoor Ali Shah (JCP Member), Justice Sarmad Jalal Usmani (JCP Member), Federal Minister for Law and Justice and JCP member Azam Nazir Tarar, Attorney General for Pakistan Ishtar Usaf Ali, and Pakistan Bar Council representative Akhtar Hussain, JCP member and Supreme Court Bar Association representative.

“We have always tried to avoid unnecessary controversies and present a unified face of the Supreme Court institution to the nation. However, the speech of the Chief Justice of Pakistan at the inauguration of the new judicial year 2022-2023 surprised us. gave and let us down,” he told JCP members.

Chief Justice ‘said a lot’

He noted that the purpose of the event — as the CJP said — was to identify the apex court’s priorities and set its vision for the coming judicial year, but “the CJP said a lot”.

He said that he tried to justify the decisions of the Supreme Court, to respond to criticism of its decisions and to speak unilaterally on behalf of the Supreme Court.

He said that the Supreme Court does not consist of the Chief Justice alone, it includes all the judges. The Chief Justice’s comment on the pending cases is disturbing.

“He also made unwarranted and derogatory comments about the Supreme Court Bar Association and several of its present and past office bearers, accusing them of political partisanship as they had requested that Phil. A court should be constituted.”

The judges said that the Constitution requires the Supreme Court to give judgments but what was most inappropriate and unreasonable was to mention the work and judgments of the JCP.

He further said that the JCP is a separate and independent body under the constitution, adding that the Chief Justice said that the candidates recommended by the JCP chairman were not approved and the representatives of the federal government viz. Accused the Law Minister and the Attorney General. He also expressed his displeasure.

“Under no circumstances should the JCP chairman say what was said,” the judges said.

He said that the Chief Justice is the chairman of the JCP, so he should abide by its decisions more than anyone else.

He said it was not appropriate for the CJP to attack its members and do so publicly just because they did not support their candidates.

“What the Chief Justice said was also against the record,” Justice Isa and Justice Masood said, adding that it was not true that their candidates were supported by four members of the JCP, whose audio recording ( unauthorized) issued. Confirm appointment.

Judges said that even Justice Sarmad Jalal Usmani did not support all his candidates.

Similarly, Justice Isa and Justice Masood said that it is further wrong to state that ‘any decision of the Supreme Court, to the extent that it decides a question of law or is based on or declares a principle of law, All will be required. Other Courts in Pakistan

“It does not consider the said meeting as a pre-scheduled meeting, and that it was adjourned,” he said, adding that when the chairman failed to achieve his objective. He took the majority decision of JCP as a personal enmity. And walked out of the meeting.

Justice Isa and Justice Masood insisted that a copy of their letter be released to the acting registrar of the Supreme Court and the acting secretary of the JCP, who should release the letter and its Urdu translation to the media as it is the Chief Justice. Related to the address. Widely reported in the media.

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