PBC boycotts dinner hosted for outgoing CJP

Council protests against Justice Bandial’s refusal to take full court reference


Our Correspondent September 15, 2023
Chief Justice Umar Ata Bandial. PHOTO: FILE

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The Pakistan Bar Council (PBC) has boycotted the dinner hosted by the Supreme Court in honour of outgoing Chief Justice of Pakistan Umar Ata Bandial for not taking the full court reference.

PBC Vice-Chairman Haroon-ur-Rashid wrote in a note to CJP Bandial that the council pointed out the judicial flaws and merits in the reference of a retiring chief justice.

He added that as CJP Bandial was not taking the full court reference, the PBC would not attend the dinner being hosted by judges in his honour to register its protest.

The PBC official noted that according to a careful estimate, there were 60,000 pending cases in the Supreme Court.

He maintained that despite repeated reminders, no transparent procedure had been prepared for the disposal of these pending cases.

He complained that CJP Bandial never met the PBC office-bearers despite repeated requests.

The PBC official regretted that whenever his body sent a request for a meeting, the top judge replied that there was no need for it as he was in touch with the Supreme Court Bar Association (SCBA).

He added that the PBC was ignored despite being the apex body of lawyers in the country.

He continued that when the PBC presented its position in an open court, it was dismissed with contempt.

Rashid hoped that the incoming CJP would pay attention to this matter. He assured the incoming CJP that the PBC would always support him for the honour and improvement of the institution of judiciary.

He pledged that the PBC would not request to set down a case for hearing in which its interest was hidden.
The PBC official urged the incoming CJP not to make such remarks at the beginning of the proceedings of any case that its outcome was already known.

He requested the incoming CJP to allow the lawyers to present their positions and not write the order after simply reading the appeal.

Taking a dig at the outgoing CJP, Rashid stated that he gave his own decisions by shortening the bench to form a majority of three or two.

He added that to gratify his personal ego, the outgoing CJP made the highest institution of the SC so controversial that there was no precedent in the country’s history.

Rashid said during the tenure of CJP Bandial, the code of conduct of judges was violated several times.

He continued that in the audio leaks verdict, the CJP personally decided matters related to his relatives and himself.
The PBC official demanded that the incoming CJP should take action under Article 209 against the judges who had violated the code of conduct.

Besides, he added that the issue of the audio leaks should be brought to its logical conclusion.

Addressing the outgoing chief justice, he said CJP Bandial, as the head of the Supreme Court, had failed to create a consensus within his team.

He demanded that the implementation of the Supreme Court (Practice and Procedure) Act, 2023 should be ensured.

Rashid pointed out that CJP Bandial had ordered to conduct elections in Punjab on May 14 but the dignity of the court was violated by ignoring a similar case in Khyber-Pakhtunkhwa.

He noted that instead of May 14, polls had still not been held in Punjab.

The PBC official said history would never remember the decisions of CJP Bandial with positive words.

He added that it was expected that the incoming CJP Qazi Faez Isa would immediately deal with the pending complaints against the judges according to the Constitution.

 

 

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