Efforts afoot to end acrimony among judges
PHOTO: FILE
While tensions between the judiciary and parliament are increasing over the question of holding of elections for the Punjab Assembly on May 14, serious efforts are under way to end divisions within the Supreme Court.
Currently, the SC is divided into two groups, with eight judges on one side while seven on the other. Two positions in the Supreme Court have been lying vacant.
However, there is also a realisation in the apex court that some minimum consensus should evolve on the working of the court which is badly affected since Chief Justice of Pakistan (CJP) Umar Ata Bandial started the suo motu proceedings for holding elections for the Punjab Assembly.
According to some sources, a retired chief justice is also busy in trying to effect a reconciliation between the two groups of the judges.
Acrimony among the top court judges increased when a larger bench took up Justice Qazi Faez Isa’s plea against a presidential reference that accused him of hiding his family members’ assets from the tax authority.
During the proceedings, the apex court judges had expressed their views through judicial orders, speeches and letters—things that negatively affected the relationship among the top court judges.
Since the start of the suo motu proceedings on holding timely elections in Punjab and Khyber Pakhtunkhwa (K-P) provinces, the gulf between two groups of the SC judges has significantly widened.
However; a senior lawyer said he hoped that now the SC judges will reach some consensus. “I believe that both sides should work towards easing mistrust.”
It is learnt that Attorney General for Pakistan (AGP) Mansoor Awan will appear today [Thursday] before a three-judge bench led by CJP Bandial that is hearing the case with regard to delay in Punjab polls.
The AGP will tell the court about the outcome of a meeting of the ruling political parties.
In the latest development, it is learned that Senate Chairman Sadiq Sanjrani would form a five-member committee in an effort to evolve a consensus on holding the elections for the provincial legislatures and the National Assembly on the same day. The AGP will also inform the court about this development as well.
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The sources revealed to The Express Tribune that the government is also considering filing a review petition against the SC order for the State Bank of Pakistan (SBP) to release Rs21 billion to the ECP for holding elections for the Punjab Assembly.
The Pakistan Tehreek-e-Insaf (PTI) has nominated Shah Mahmood Qureshi to hold dialogue with the government. The PTI wants elections before the retirement of the incumbent CJP while the coalition government is interested in deferring elections till October.
On Thursday, the bench will take up the matter related to evolving consensus on holding elections on the same day. The matter related to release of Rs21 billion to the ECP for holding polls in Punjab and the K-P provinces will be taken up on Friday.
Bench 1 delisted following CJP’s indisposition
Just a day before the end of the deadline set by the apex court for political parties to reach consensus on a date for holding elections in the country, the roster for Bench 1 of the Supreme Court was revised due to the 'indisposition' of CJP Umar Ata Bandial.
On Wednesday, the SC Public Relations Office issued a statement regarding revision of the roster.
"It is to inform that the Court Roster regarding Bench-I for Wednesday, 26th April 2023, has been revised due to the indisposition of the Hon'ble Chief Justice of Pakistan."
Earlier, the SC had asked all political parties to evolve a consensus on a date for holding elections for the National Assembly and the four provincial assemblies simultaneously. The court had noted that otherwise its April 4 order regarding the Punjab Assembly elections would come into force.
The Registrar’s Office also released the list of the cases to be heard by different benches.
On Wednesday hearings were to be conducted by three benches—by Bench 2, comprising Justice Ijazul Ahsan and Justice Aminuddin Khan; by Bench 3, comprising Justice Mansoor Ali Shah, Justice Ayesha Malik, and Justice Shahid Waheed; and by Bench 4, comprising Justice Muneeb Akhtar and Justice Mazahir Ali Naqvi.
Interestingly, one section of judges dominated the three benches after the revision of the roster for Bench 1. Earlier Justice Jamal Khan Mandokhail and Justice Athar Minallah were part of the bench led by CJP Bandial.
Two senior judges, Justice Qazi Faez Isa and Justice Sardar Tariq Masood, were also not part of any bench on Wednesday.
There is already a debate under way on when a three-judge committee will start working after the notification of the Supreme Court Practice and Procedure Act 2023, which reduces the CJP’s powers to take suo motu action and constitute benches.
An eight-judge larger bench of the apex court led by CJP Bandial already suspended the legislation.
A source close to the retired judge is also optimistic that a consensus among the Supreme Court judges would be evolved on the working of the court soon.