Will CJP’s dinner heal SC divisions?

Chief Justice of Pakistan (CJP) Umar Ata Bandial Monday hosted his fellow judges at a dinner that is seen by some as part of an attempt to ameliorate divisions within the Supreme Court.

According to sources, all judges of the apex court—which is clearly divided into two ideological camps—attended the dinner except Justice Qazi Faez Isa, the senior most judge after the CJP.

Justice Isa, a lawyer said, might have decided not to attend the dinner as the CJP has already reserved his decision on a government's plea regarding withdrawal of its curative review petition against an apex court order dismissing a presidential reference against the said judge.

It is learnt that there is a realization in the apex court that some minimum consensus should evolve on the working of the court which is badly affected since CJP Bandial started the suo motu proceedings for holding elections for the Punjab Assembly.

Earlier, a retired chief justice also tried to effect reconciliation between the two SC judges—Justice Bandial and Justice Isa.

A lawyer said the Monday's event establishes that the seven judges who are not included in a larger bench hearing the SC Practice and Procedure Act, 2023, have no personal agenda but they take decisions according to their oath and conscience.

An eight-judge bench on April 13 suspended the SC Practice and Procedure Act, 2023, a proposed law that seeks to reduce the CJP’s powers to initiate suo motu proceedings.

He said there is a need for the CJP to also take some practical steps in order to end the perception that he includes his like-minded judges in the benches hearing political matters.

Lawyers do not approve the constitution of the eight-judge larger bench hearing the SC Practice and Procedure Act, 2023.  It remains to be seen whether the CJP reconstitutes the bench that is supposed to hear the suo motu bill case today (Tuesday), he added.

Read ‘No decision yet on summoning judges’

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.

Some lawyers believe that there is a need to convene a full court meeting for resolution issues. No full court meeting has been held in more than two years. The appointment of two SC judges is also being delayed on account of differences among senior SC judges.

Unfortunately, judicial politics is also linked with national politics

It is learnt that the ruling political parties have engaged Salahuddin Ahmed and Zahid Ebrahim as counsels to defend the Supreme Court Practice and Procedure Act, 2023 before the larger bench today. Farooq H Naek and Kamran Murtaza will also appear in the court.

A senior government official believes that a bench minus the incumbent and future chief justices should be formed to hear the matter.  The Pakistan Bar Council's (PBC) representative may urge the court to reconstitute the bench.

A member of the PBC said he will present before the court a resolution passed by bar associations with regard to formation of a full court to hear the petition filed against the bill.

Acrimony among the top court judges increased when a larger bench took up Justice Qazi Faez Isa’s plea against the 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.

Justice Isa has been mysteriously absent from SC benches since notification of the SC Practice and Procedure Act 2023 which authorized a committee comprising the CJP and two senior judges to form benches and fix cases although the SC larger bench has already suspended this law.