SC got bogged down by ‘controversies’

In 'swan song', CJ bemoans political situation affected performance; praises Justice Isa as ‘admirable man'

ISLAMABAD:

In his farewell address, Chief Justice of Pakistan Umar Ata Bandial on Monday recounted the trials faced by the court during his tenure, regretting that the Supreme Court remained bogged down by controversies, and blamed the ongoing political situation for hobbling the judicial performance.

Speaking at a ceremony marking the commencement of the new judicial year, he highlighted the court's numerous tests in February 2023, particularly concerning matters pertaining to the Constitution of Pakistan.

Justice Bandial candidly admitted that the court itself had fallen victim to the tough test and environment.

Although choosing not to delve into specific incidents and what transpired, he said the decision made in the audio leaks case was a reflection of the challenges faced.

During his speech, the outgoing top jurist also broached various subjects and controversies that the top court had been entangled in, including elections and internal differences.

In regard to his differences with incoming Chief Justice Qazi Faez Isa, Justice Bandial took the opportunity to praise his successor as an admirable man, with whom his simmering differences came to the fore several times. “My brother is admirable, and I respect him.”

‘Good to see you’

Acknowledging the power of the media in shaping public perception, CJP Bandial emphasised the importance of accurate reporting as they were “society's eyes and ears”. However, he expressed disappointment over some incorrect reports published about him, ruefully recalling that phrases, such as "good to see you" and "short and sweet," were taken out of context.

However, he said he held no grudges against the media.

He also said that the overall stability will come only with political stability in the country.

Chief Justice Bandial said that this might be his final address as the chief justice and gave a brief overview of the judicial performance.

Despite the challenges, he hailed the Supreme Court's accomplishments, boasting that it disposed of a record-breaking 23,000 cases in the past year, surpassing its previous record of 18,000 cases.

Read Jurisdiction has to be settled first: SC

“I worked 13 to 16 hours beyond the official time. Hearing of cases increased through video link, 50 per cent of cases will be reduced by alternative means of dispute resolution,” he noted.

However, he acknowledged that more work needed to be done, as the backlog remained substantial, with only 2,000 cases addressed out of the desired 50,000 reduction.

With regards to elections, he emphasised that nobody opposed holding them within the mandated 90 days, but political antagonism and legal obstacles hindered the progress expected from the Supreme Court.

He also addressed the controversy surrounding the 4-3 and 3-2 judgement, clarifying that none of the judges disagreed on holding general elections within 90 days as per the Constitution.

Regarding suo moto notices, he explained that only one notice had been taken in nine months and expressed hope that his successor, CJP-designate Qazi Faez Isa, would develop a better mechanism for suo moto notices.

He stressed that every institution, including the judiciary, would achieve stability when there is political stability in the country.

Chief Justice Bandial also highlighted the obstacle of utilising dam funds, which he inherited from his predecessors. He revealed that Rs18.6 billion of these funds are currently held in government securities, under the supervision of the top court.

However, he acknowledged the difficulty in implementing these funds for their intended purpose, stating that concrete steps must first be taken. Furthermore, he addressed the criticisms surrounding the court's and judges' expenses. In an effort to promote austerity, the court has already surrendered approximately 13 per cent of its budget to the national treasury.

Additionally, the chief justice commended the inclusion of women in judicial work, emphasizing that their involvement has empowered the court.

When questioned about a potential farewell full-court reference, Chief Justice Bandial admitted that he had not yet thought about it or made a decision.

However, CJP-designate Faiz Isa later informed the media that they are still awaiting information regarding the full court reference. He also mentioned that the chief justice had hinted in his speech that this could be his last address.

It is customary for the Supreme Court to hold a full court reference in honour of retiring judges.

On another note, the attorney general expressed concern over the increasing number of pending cases.

He urged the Supreme Court to prioritize the prompt resolution of cases involving ordinary citizens under Article 185. He argued that the concentration on political and high-profile cases under clause 3 of Article 184 often adversely affects the progress of cases involving common criminals.

Justice Bandial took office as CJP in February 2022 and is due to retire on September 16, 2023. The Supreme Court has been marred with controversies this year against the backdrop of a political crisis which has garnered the attention of international media and much uncertainty surrounding the next general elections.

The top court has decisions pending in several political and constitutional cases as CJP Bandial begins his last week in office.

Under his tenure, the top court has been criticized by mainstream political parties, especially the Pakistan Muslim League-Nawaz (PML-N) for extending "undue favours" to the beleaguered Pakistan Tehreek-e-Insaf.