CJP Bandial: ‘A man of grace’

Top judge withstood political and media criticism with admirable resilience


Hasnaat Malik September 15, 2023
PHOTO: APP

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ISLAMABAD:

Throughout his 20-month tenure, Chief Justice of Pakistan (CJP) Umar Ata Bandial faced immense controversy, yet he displayed remarkable patience in the face of criticism and campaigns waged against him by political parties and the media.

His entire career became a subject of debate due to the polarization within the Supreme Court. Despite the contentious environment, CJP Bandial, known for his soft-spoken demeanor, maintained an untarnished record of financial integrity. He garnered widespread respect within the legal community for his professional conduct as a judge before assuming the role of chief justice.

CJP Bandial holds a unique place in the judicial landscape, as he is the last retiring judge who, back in 2007, had refused to take the oath under the Provisional Constitution Order (PCO) while serving as a judge in the Lahore High Court.

Advocate Ahsan Bhoon, a prominent member of the Independent Lawyers Group, expressed disappointment over how CJP Bandial's career had become entangled in controversy due to the internal divisions within the Supreme Court.

Bhoon lamented that the chief justice had been surrounded by individuals with hidden agendas, some of whom had close ties to former DG ISI Lt Gen (retd) Faiz Hamid during his tenure.

Read Outgoing CJ hopes for timely elections

Another bar member observed that no one can ever complained that the top judge misbehaved with any lawyer during the court proceedings.

Despite the polarized environment and severe criticism from political parties and media personalities, CJP Bandial never wavered in his commitment to his role and responsibilities.

Unlike his predecessors, CJP Bandial ignored criticis and social media campaign against him for his conduct and judicial decisions.

Showing grace, the top judge warmly met with lawyers and media persons who censured him throughout his career.

Former chief justice Iftikhar Muhammad Chaudhry had initiated contempt proceedings against several PPP lawmakers and media persons during his tenure.

Following the footsteps of Chaudhry, later ex-chief justice Mian Saqib Nisar, during his term, not only adopted the same practice but also registered cases under Anti-Terrorism Act (ATA) against the political workers who used harsh language against him.

When asked about the outgoing CJP's qualities, Advocate Abdul Moiz Jafferii highlighted his refusal to step back from the provincial assembly elections issue, suggesting that he turned down what could have been seen as a reward for his position.

“Then withstood unprecedented pressure on himself and his family without making a fuss perhaps because he couldn’t make a fuss,” he said.

“He tried to fight in the best possible manner, using the wrong methods,” he added.

Read more SC got bogged down by ‘controversies’

“He failed at everything in the end, but you can’t say he didn’t try his best to do what he believed in.”
Jafferii said CJP Bandial was the most well-mannered chief justice he had ever seen. “His courtroom demeanor was fantastic. He would make everyone feel comfortable, give litigants hope and try to get the job done.”

The lawyer commended his dedication to his beliefs, acknowledging that although he encountered challenges and criticisms, he made earnest efforts to pursue his convictions.

Advocate Umer Gilani acknowledged that history would remember CJP Bandial as a judge whose political decisions might had garnered few admirers but attracted numerous ruthless critics.

"Since 2017, he remained part of the all-powerful chief justice's bench which has played a major role in hollowing of Pakistan's democracy. But it is also equally true that insofar as his personal conduct goes, he will be remembered as the epitome of gentlemanliness," he said.

“He will be remembered by friends and foes alike as a soft-spoken judge who was characterised by an endearing humility. He maintained his financial integrity and passed on the same ethos to his children. He remains to me as enigmatic as any character who ever walked the corridors of judicial power," he added.

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