Key verdicts pending in CJP’s twilight days

As 22 days remain, court deliberates cases, including CJP’s bench powers


Jahanzeb Abbasi August 19, 2023
Chief Justice Umar Ata Bandial. PHOTO: FILE

ISLAMABAD:

As the impending retirement of Chief Justice Umar Ata Bandial looms, the Supreme Court of Pakistan finds itself in a race against time to conclude hearings and render judgments on five pivotal cases.

These cases have sparked intense speculation regarding the potential scenario of Chief Justice-designate Qazi Faez Isa inheriting the responsibility of delivering the final verdicts.

All eyes are fixed on the court's proceedings under the leadership of Chief Justice Bandial, who is scheduled to retire in mid-September, leaving a mere four weeks before the culmination of his tenure.

Among the contentious cases demanding resolution is the Supreme Court (Practice and Procedure) Bill 2023.

This legislation has ignited spirited debates, with prominent justices, including Justice Qazi Faiz Isa, Justice Sardar Tariq Masood, and Justice Mansoor Ali Shah, openly expressing their stances.

They advocate for a verdict on challenges to the recently enacted law before any suo motu notice or acceptance of constitutional petitions.

The bill aims to restrict the Chief Justice's authority in bench formation and case management.

Pertinent queries also arise around the suspension of amendments by an eight-judge bench led by Chief Justice Bandial and the litigious nature of the petitioners opposing the law.

Another spotlighted case pertains to the Punjab elections revision.

Initiated with a suo motu notice regarding the election delay in Punjab and Khyber Pakhtunkhwa due to the transfer of a former CCPO Lahore, this case has exposed divisions within the judiciary.

The deliberation centers on whether the decision concerning the elections was rendered by a majority of three or four judges, awaiting a conclusive resolution.

The third weighty case orbits around amendments to the National Accountability Bureau (NAB) laws. Countless hearings have taken place, with Chief Justice Bandial underscoring the urgency of delivering a judgment before his retirement, deeming it potentially embarrassing for an outgoing CJP.

A significant matter under scrutiny involves the commission of inquiry formed to investigate audio leaks allegedly involving current and former judiciary members and their families.

Chaired by Justice Qazi Faiz Isa, this inquiry was abruptly suspended after a single hearing, leaving the case unresolved. Notably, one leaked audio purportedly featured the voice of the Chief Justice's mother-in-law.

Lastly, the case challenging the trial of civilians in military courts following the November events remains in limbo.

While assurances have been provided that civilians won't face military court trials without court orders, the judiciary is yet to reach a decision on these constitutional petitions filed under Article 184 of the Constitution.

The weight of concluding hearings and rendering judgments on these five pivotal cases rests heavily on the shoulders of Chief Justice Bandial, as time steadily diminishes.

With a mere 22 days remaining, excluding weekends, the pressure mounts for timely resolutions.

A striking commonality unites the petitioners of these varied yet consequential pending cases – a shared pursuit of justice through the apex court.

COMMENTS

Replying to X

Comments are moderated and generally will be posted if they are on-topic and not abusive.

For more information, please see our Comments FAQ