Can CJ spring surprises for govt now?

SC is likely to unveil verdicts in a number of cases before Justice Bandial’s retirement

ISLAMABAD:

The Supreme Court is expected to issue judgments in some crucial cases after Eid holidays, judgments that may include coercive orders for the federal government and its institutions.

The Incumbent chief justice of Pakistan (CJP), Umar Ata Bandial, is retiring on September 17 while summer vacations have already started in courts.

The law ministry has already notified Justice Qazi Faez Isa—the Supreme Court’s senior puisne judge— as the CJP with effect from September 17.

The relationship between incumbent CJP and the security establishment is not cordial since he invoked suo motu jurisdiction of the court to hold general elections for the provincial assemblies of Punjab and Khyber Pakhtunkhwa (K-P) provinces.  The SC is also divided into two camps along ideological lines.
Against this backdrop, CJP Bandial will complete the last 75 days of his term, a crucial period during which he and his “like-minded judges” will give verdicts on some important cases.

There is a report that the benches led by CJP Bandial may issue some coercive orders to the government once the apex court resumes work after the Eid holidays.

The famous three-judge bench led by CJP Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar has yet to issue a detailed judgment on petitions challenging the Election Commission of Pakistan’s (ECP) decision to defer election in Punjab and the K-P provinces till October.

Hearing the petitions, the bench on April 4 ordered the ECP to hold elections in Punjab on May 14, an order that the ECP could not implement due to non-release of funds by the federal government.

The same bench will hear the ECP review petition against the bench’s April 4 order.

The same bench—in July 2022—had set aside Punjab Assembly deputy speaker Dost Mazari's ruling with regard to rejection of votes of the Pakistan Muslim League (PML-Q) lawmakers during election of the provincial chief minister. The bench may issue its detailed verdict with regard to that order.

The same bench has already reserved its decision on the petitions challenging Supreme Court (Review of Judgment and Orders) 2023 which has widened the scope of review jurisdiction in matters decided under Article 184 (3) of the Constitution. The judgment in this matter is expected soon.

A larger bench led by CJP Bandial has also reserved its decision on the federal government request for recusal of three judges from a bench hearing some petitions challenging a judicial commission that is tasked by the federal government to probe into some leaked audios involving judges and their families.

A three-member special bench led by CJP Bandial has also reserved its decision on Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan’s petition challenging amendments to the National Accountability Ordinance (NAO), 2009, a law that governs the National Accountability Bureau (NAB).

An eight-member larger bench led by the CJP is also hearing petitions challenging the Supreme Court (Practice and Procedure) Act, 2023. The government had sought time to review some sections of the law overlapping with the Supreme Court (Review of Judgment and Orders) 2023.

Another six-member larger bench will resume hearing petitions challenging the trial of May 9 rioters in military courts under the Pakistan Army Act, 1952.

It is also expected that CJP Bandial will issue a much awaited decision on the federal government's plea regarding the withdrawal of a curative review petition in Justice Isa case.

A full bench of the apex court in June 2020 declared as null and void a presidential reference seeking removal of Justice Isa for alleged misconduct. The government filed a review petition against the SC’s split verdict in April 2021.

However, the Pakistan Muslim League-Nawaz (PML-N) led government on March 30 this year ordered withdrawal of the curative review reference.