Decision to cancel judges’ summer vacations withdrawn

Sources say cabinet reviewed its resolve after AGP’s intervention


Hasnaat Malik August 02, 2021
Jawwad said the provincial government had formed a committee to identify businesses being established in the locality instead of implementing the court order in its letter and spirit. PHOTO: FILE

ISLAMABAD:

The federal government has withdrawn its decision for cancellation of judiciary’s summer vacations.

Sources in the government revealed to The Express Tribune that the cabinet had resolved to make a request to the judges to cancel their summer vacations in order to provide speedy and inexpensive justice during coronavirus.

However, Attorney General for Pakistan Khalid Jawed Khan expressed apprehension over the cabinet decision, writing a letter to authorities concerned to withdraw its decision as same is “violative of trichotomy of powers”.

The AGP believed that the judiciary itself had the power to take such a decision and the executive must refrain from doing it, they add.

It is learnt that after the AGP letter, the federal cabinet withdrew the decision.

It is being witnessed that unlike Pakistan Muslim League Nawaz and the Pakistan Peoples Party, the Pakistan Tehreek-e-Insaf (PTI) did not spare any occasion to regulate the judges.

In November 2019, when former prime minister Nawaz Sharif left the country for the United Kingdom without surety bonds, Prime Minister Imran Khan accused the judicial system of favouring the political elite.

In response to his speech, former chief justice Asif Saeed Khosa rejected this allegation that the judiciary allowed convicted Sharif to go abroad.

Read PBC takes ‘U-turn’ on criteria for elevating judges

The PM also gave certain remarks against the judiciary a couple of months ago. Even contempt petition was filed against him in the Lahore High Court.

In May 2019, the PTI government filed a presidential reference against senior judge of the Supreme Court Justice Qazi Faez Isa.

Recently, the federal government and other official respondents filed a curative review petition against the SC April 26 order wherein Justice Isa review petition is accepted. The government, in its curative review, used harsh language against the apex court. It alleged that the SC usurped the Supreme Judicial Council (SJC) powers in Justice Isa case.

The government also accused that two SC judges wrote a letter to Chief Justice of Pakistan Gulzar Ahmed to be included in the larger bench hearing Justice Isa's review petition. Subsequently, both the judges were included.

The ruling PTI stated that both the judges were biased therefore April 26 order be set aside.

Recently, the government revealed to the public that major portion of the amount was being spent on the security of judges.

The federal cabinet also did not accept the CJP’s administrative decision regarding the Supreme Court employees housing society.

Despite all these, AGP Khan is consistently suggesting the top functionaries not to take any step against the judiciary as it is an independent organ of the state. Even the AGP is not in the favour of filing a curative review petition.

However, the few government functionaries are worried about the detailed judgment in Justice Isa case.
They fear that the court may give strong observations against top functionaries including the PM.

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