SC judge deplores remarks 'against SHC judges' integrity'

Urges CJP Bandial to 'do everything' to restore the confidence of the SHC judges

ISLAMABAD:

The festering tensions between senior Supreme Court judges deepened after Justice Sajjad Ali Shah expressed disappointment over remarks made by Justice Sardar Tariq Masood that called into question "integrity" of the Sindh High Court (SHC) judges whose names were recommended by Chief Justice of Pakistan (CJP) Umar Ata Bandial for elevation to the top court.

In a letter written to the CJP, who is the chairman Judicial Commission of Pakistan (JCP), Justice Shah deplored the remarks, adding that questioning the integrity of the judges on the hearsay from "one or two lawyers" who are not even named was regrettable.

"Without intending any disrespect, I was really disappointed that one of the members from the judicial side spoke about the integrity of the judges from Sindh by saying that he has gained such information from 'one or two lawyers' that he knows from Sindh, the worth of such information could be gauged from the fact that the representative of the lawyer Akhtar Hussain did not question their integrity and specifically stated that so far the nominees of Justice Shafi Siddiqui and Justice Hassan Azhar Rizvi were concerned, he was disputing their nomination on the principle of seniority and had no other issue with traits," he pointed out.

It is noteworthy that the controversy surrounding developments during the last month's closed-door meeting of the JCP has refused to die as more conflicting statements and rebuttals from members of the commission continue to pour in.

Also read: Days of judicial activism over, remarks CJ Bandial

On July 30, CJP Umar Ata Bandial also ordered the release of over a two-hour-long audio recording of the session to the public in order to settle the brewing controversy.

In his letter, Justice Sajjad Ali Shah, who is retiring on August 14, wondered why Justice Tariq did not consult his colleagues on this issue as two JCP members had not only served in the SHC for more than a decade but also as it's chief justices.

If confidence could not be found in the members of the JCP, he stressed, there were two more judges presently serving in the Supreme Court other than the JCP, who have served in the Sindh High Court for a decade, who could have consulted on this issue.

Justice Shah said that the integrity of three SHC judges is beyond doubt and added he would like to state that calling into question the integrity of the judges on the hearsay from "one or two lawyers who are not even named was regrettable.

He went on to urge CJP Bandial that being head of the institution, he should do everything to restore the confidence of the said SHC judges.

"Confidence in their integrity and their character must be inspired and restored for the sake Institution. Let us not lose sight of the fact that these nominees did not come forward and apply for this candidature but were nominated on the basis of their credentials."

Justice Shah also said that Attorney General for Pakistan (AGP) Ashtar Ausaf Ali did not question the competence of any nominee.

He recalled that on the contrary when one of the judicial members requested for rejection of the nominations, AGP specifically raised his hand to say no and requested for the adjournment of the meeting until the criteria was evolved as is evident from the audio recording.

Also read: Justice Isa pens letter against CJP Bandial's summoning of JCP meeting

"Since I am laying down my robes in few days therefore would not have the onerous duty of attending the next meeting of the judicial commission therefore would request the honourable chief justice to place this letter on record," the letter read.

On July 28, JCP by a majority of 5 to 4 could not approve the CJP's nominees for elevation to the Supreme Court.

The controversy arose when two JCP members -- Justice Qazi Faez Isa and Justice Sardar Tariq Masood -- wrote a letter to the commission's members for sharing the minutes of the meeting.

Subsequently, CJP while exercising discretionary powers made public the audio of the JCP meeting wherein Justice Sardar Tariq raised questions on the integrity of a few CJP nominees for elevation to SC.

A senior representative of the bar revealed that one section of JCP wanted to approve CJP nominees, who were not recommended by the majority during the last meeting. He wondered that when the AGP has already endorsed views espoused by Justice Sardar Tariq, how these nominees could be considered again.

He emphasised that CJP Bandial should initiate dialogue with senior members of the commission, adding that consensus will evolve once the negotiations kick off.

Presently, the superior judiciary is divided on the nominations of junior judges regarding their elevation to the SC.