No breakthrough in internal SC dispute

Egoistic approach of judges leading towards complete superior judiciary breakdown

ISLAMABAD:

An egoistic approach of the Supreme Court judges is leading to a complete breakdown in the superior judiciary wherein both sides may be losers.

During the hearing on a matter related to the delay in general elections of the provincial assemblies on Monday, Chief Justice of Pakistan Umar Ata Bandial revealed that he held a meeting with senior puisne Judge Justice Qazi Faez Isa in order to end internal dispute.

He also added that efforts are being made to convene a full court meeting.

Meanwhile, Justice Isa wrote two letters related to removal of the SC registrar on account of issuing a circular which discarded his judicial order.

Also read: Justice Isa seeks SC Registrar's removal for discarding his suo motu verdict

Likewise, Justice Isa and Justice Sardar Tariq Masood also wrote to the head and other members of the Supreme Judicial Council (SJC) for initiating proceedings on the complaints of misconduct against Justice Sayyed Mazahar Ali Akbar Naqvi.

These developments prove that there is no breakthrough in the meeting held between CJP Bandial and Justice Isa.

Advocate Faisal Siddiqi said that the current judicial cold war among the two groups of judges can now easily be converted into a possible judicial civil war if further judicial orders are passed by restraining rival benches from proceeding with their cases or clarificatory circulars are issued regarding judicial orders.

"Such a judicial civil war will ultimately lead to a complete breakdown of a unitary Supreme Court leading ultimately to what happened in 1997 ie, separate cause list being issued and judges suspending each other’s judicial proceedings.

"But unlike 1997, if such a constitutional breakdown at the Supreme Court level occurs, it is likely that some kind of unconstitutional intervention will take place by a non-political third force, which may ultimately lead to a purging/removal of independent judges from the Supreme Court," Siddiqi said.

He wondered as why the CJP is scared from dissent of judges.

However, another lawyer also wondered whether both sides of the judges are performing duties for the rule of law or to get supremacy from each other.

Irfan Qadir, counsel for the Election Commission of Pakistan (ECP), had also urged CJP Bandial to negotiate with fellow judges and redress their grievances.

Currently, CJP Bandial and President Arif Alvi and the Pakistan Tehreek-e-Insaf are standing on the one side while Justice Qazi Faez Isa, PDM government and establishment on the other.

Lawyers are also divided. The representatives of Professional Lawyers Group are backing the SC section led by CJP Bandial while the Independent Lawyers Group is supporting the other section of judges in the apex court.

Despite demands of senior lawyers, no full court meeting has been being held for the last three years. The CJP is taking all administrative decisions unilaterally.

The Supreme Court is still facing a shortage of two judges. It is being presumed that the CJP has no majority votes in the JCP to approve his nominations for their appointment as SC judges.

Also read: Two SC judges urge SJC to proceed against Justice Naqvi

There are hardliners on both the sides.

The judges who have balancing views, can play a reconciliation role in the prevailing situation as legitimacy of the institution is at stake. The CJP can also review his policy to include majority of like-minded judges in the larger/special benches.

The current divide within the SC started since Justice Qazi Faez Isa case in May 2019.

Senior lawyers still believed that constitution of a full court comprising all 15 judges is the only solution to end the controversy.