CJ Bandial to host population summit from 14th

Lawyers are divided on the question of whether the SC can take initiatives for population control

ISLAMABAD:

The Law and Justice Commission of Pakistan (LJCP) which is led by Chief Justice of Pakistan (CJP) Umar Ata Bandial is going to hold a two-day national conference on population on July 14-15.

CJP Bandial in his inaugural speech on February 1 said the Supreme Court, while exercising suo motu jurisdiction, would back initiatives to control an alarming growth in the country’s population.

"Pakistan is a developing country. It suffers from a mushrooming population which in turn has left it vulnerable to social and economic pressures that are typically faced by similarly situated countries.

“These include poor health and education facilities, low productivity, unskilled labour, unemployment and therefore poverty,” the CJP had said.

He had noted that in order to tackle the myriad problems facing Pakistan, all concerned stakeholders need to come together to address the core issue, namely, the alarming rate of population growth.

The CJP pointed out that these matters concerned fundamental rights of a bulk of our population. “Therefore, the court would be keen to engender initiatives in these areas whenever its backing is required,” Justice Bandial had noted.

After his speech, senior lawyers were expecting that the CJP would resume the agenda, initiated by former CJP Mian Saqib Nisar for population control.

However, it was witnessed that Justice Bandial remained busy in adjudication of high profile political cases in his term as the CJP. The Supreme Court’s operation also remained affected on account of judicial politics as the SC judges divided into two camps in his term.

Perhaps, these were the reasons why CJP Bandial could not take an initiative on population control.

Now the LJCP which is led by Justice Bandial is organizing the conference ahead of his retirement on September 16. In March 2019, a three-member bench led by former CJP Mian Saqib Nisar had issued a 26-page judgment on population control.

The judgement said there was a need to increase demand and utilization of contraceptives for which a mass movement was suggested taking on board political leaders, Ulema and clerics, the corporate sector, academia, executive, judiciary, media, intelligential and youth.

"The Ulema and Islamic scholars must also be urged to promote Islamic teachings in the context of birth control so that each child may be assured an enlightened and prosperous life.

Commenting on the LJCP's conference, Nida Usman Chaudhry advocate said as an academic and lawyer, she is very happy that positive steps are being taken to mainstream academia in the justice sector.

"Arbitration related conferences in the past have also shown how judges are open to accepting academic discourse and exchange of ideas," she said.

It is not yet clear as to whether the next CJP, Qazi Faez Isa, will attend the conference as he is in Karachi and conducting interviews of lawyers who want to practice in the Supreme Court. Lawyers are divided on the question of whether the LJCP under the supervision of superior judiciary should take such initiative.

When asked if population control comes under the domain of the SC in view of Article 184 (3) of constitution, Umer Gilani advocate said: If we go by what the Supreme Court has recently held in the famous Dam Fund case, then the answer is in the affirmative.

“The Supreme Court, through a liberal interpretation of the term ‘question of public importance’ in Article 184(3) and the term ‘life’ used in Article 9, has arrogated to itself the right to pass judgment on pretty much any issue of governance.

"While I may not be inclined to hold this view, it seems to be the one followed by the Supreme Court in thousands of decisions since Shehla Zia vs WAPDA (PLD 1992 SC..) where the court first decided that the Constitution is a living text whose meaning is rapidly changing," he added.