Factionalism permeates SC

Observers weigh whether judiciary will emerge stronger or weaker

ISLAMABAD:

The Supreme Court continues to grapple with internal discord reminiscent of the previous tenure under former chief justice Umar Ata Bandial, persisting even as Chief Justice of Pakistan Qazi Faez Isa leads the judiciary.

The perception of factionalism within the apex court remains, with judges aligned with former CJP Bandial's camp voicing dissent with current CJP Isa on significant matters since September 17.

The differences emerged from the outset, as Justice Isa called for a full-court meeting to deliberate on the proposal for live coverage of court proceedings. The majority decision from the full court favoured the live streaming of cases related to the validity of the Supreme Court Practice and Procedure Act 2023.

However, throughout these proceedings, ideological divisions among the judges remained pronounced, reflecting a persistent disparity of opinions.

Five judges, who had close affiliations with former CJP Bandial, deemed the Supreme Court Practice and Procedure Act 2023 unconstitutional. In contrast, ten judges, excluding Justice Muhammad Ali Mazhar and Justice Hasan Azhar Rizvi, who were not part of the bench selected by ex-CJP Bandial, lent their endorsement to this act.

Similarly, during the Supreme Judicial Council's proceedings chaired by CJP Isa, the initiation of misconduct proceedings against Justice Sayyed Mazahar Ali Akbar saw dissent from Justice Ijazul Ahsan regarding the majority's decision to issue two show cause notices to him. Justice Ahsan will pen his separate statement later.

Conversely, Justice Naqvi has levelled accusations of bias against CJP Isa and Justice Sardar Tariq Masood. He has requested their recusal from the SJC panel. Presently, Justice Naqvi is expressing concerns about the prolonged delay in the fixation of his constitutional petition concerning SJC proceedings.

A complainant, Mian Daud, has lodged objections against Justice Ijazul Ahsan's participation as a member of the SJC, on several grounds, in the hearing regarding complaints against Justice Naqvi.
Similarly, senior judges in the SC also appear divided on issues concerning the appointment of judges.
Observers say the current situation raises an intriguing question about whether the judiciary will emerge stronger or weaker amid the perceived factionalism within the Supreme Court. Additionally, senior judges within the SC appear divided on issues concerning the appointment of judges.

The Judicial Commission of Pakistan (JCP), a constitutional body responsible for considering the appointment of judges to superior courts, appointed Justice (retired) Manzoor Ahmad Malik as its new member with a majority decision of 3 to 2.

Manzoor Malik has been appointed for two years. Under the law, the CJP, with consultation other four judicial members. appoints retired judges.

Reports indicate that Justice Ijazul Ahsan and Justice Munib Akhtar opposed Manzoor Malik's appointment.

Manzoor Ahmad Malik was among the majority judges who had accepted Justice Isa and other review petitions against ex-CJP Bandial's decision to refer the SC judge's family property matter to the Federal Board of Revenue (FBR) for inquiry.

JCP majority members on Monday approved the constitution of the committee led by Justice Syed Mansoor Ali Shah to consider amendments to JCP rules.

One nominee each from five high courts and five bar councils will be taken in the committee which will submit its report by January 15.

Justice Syed Mansoor Ali Shah and Justice (retd) Manzoor Malik will be the chairman and co-chairman of a committee tasked to draft amendments and come out with a set of criteria in the Judicial Commission Rules determining the elevation of judges to the superior judiciary.

However, two members Justice Ijazul Ahsan and Justice Munib Akhtar opposed the constitution of the committee.PolarisationIn the meantime, the top court’s challenging conundrum as judges navigate the external polarisation driven by political affiliations within society has raised concerns about potential influences on judicial proceedings.

There's a palpable worry as certain judges appear to garner support from distinct political factions. PTI followers express unease over CJP Isa's private secretary's response to Imran Khan's letter, while PML-N supporters question Justice Ijazul Ahsan's oversight of the trial involving the Sharif family during the Panama case.

Similar divisions surface in Justice Naqvi's case, with one faction supporting one party rallying behind him while the other faction, including bar leaders, voice opposition.

The inception of the internal division within the SC was observed during the Justice Isa case and has persisted since.

However, an alternative perspective suggests that divergence in opinions within the institution can be constructive if rooted in logic and reason rather than personal biases.

The independence of the judiciary remains a cornerstone for the country. The prevailing situation prompts contemplation: will it fortify or weaken the superior judiciary? With Justice Ijazul Ahsan slated to potentially become the next CJP in ten to eleven months, history will be the ultimate arbiter of the question.