Retired judges in the hot seat

Govt is urging SC to revisit its previous order, shielding retired or resigned judges from action by SJC

ISLAMABAD:

Retired judges, once aligned with the camp of former chief justice of Pakistan (CJP) Mian Saqib Nisar, now face a precarious situation as the federal government is urging the Supreme Court to revisit its previous order, which shielded retired or resigned judges from action by the Supreme Judicial Council (SJC).

The judicial politics has been buzzing with activity ever since the filing of the presidential reference against the current CJP, Qazi Faez Isa, back in May 2019.In attempts to unseat CJ Isa, a faction of judges made not one but two determined efforts, yet they fell short, and Justice Isa emerged unscathed.

Nevertheless, this intense legal tussle has resulted in a clear division among judges, aligning themselves into two distinct camps.At the forefront of this divide was the group led by CJP Saqib Nisar, which was in the driving seat in the superior judiciary until the retirement of the former CJP, Umar Ata Bandial.

The landscape shifted as judges who weathered the storm with CJ Isa are now at the helm.The tides turned dramatically for ex-CJP Saqib Nisar's camp, facing a significant setback when judges Justice Ijazul Ahsan and retired Justice Sayyed Mazahar Ali Akbar Naqvi tendered their resignations.As the SJC, led by CJ Qazi Faez Isa, was poised to act against Justice Naqvi following his resignation, Attorney General for Pakistan, Mansoor Awan, announced the government's intent to file an intra-court appeal (ICA) against a prior decision that said the SJC could not proceed against resigned or retired judges.

The judgement, authored by Justice Munib Akhtar, was handed down during the tenure of the ex-CJP Umar Ata Bandial.Recently, the government, through the AGP, filed an ICA against the division bench.

The appeal was heard by a larger bench of five judges, presided over by Justice Aminuddin Khan on Wednesday. The bench is set to decide on the maintainability of the ICA within the next two weeks.

It is noteworthy that the Independent Group, which holds sway in the Pakistan Bar Council (PBC) and Supreme Court Bar Association (SCBA), also aligns itself closely with CJP Isa, PML-N, PPP and ‘powerful circles’.

Therefore, the superior bars, under the Independent Group, are not supporting the PTI in the current political climate. Notably, this legal faction backs every move made by CJP Isa during his tenure. They had filed complaints of misconduct against Justice Sayyed Mazahar Ali Akbar in SJC.

When the media buzzed with criticism of the three-judge bench led by CJP Isa's January 13 order on the illegality of PTI intra-party elections, both superior bar representatives demanded government action against those allegedly tarnishing the image of SC judges via a campaign.

In response, the government notified a Joint Investigation Team (JIT) to probe the matter, summoning dozens of journalists, including senior court reporters. However, the court reporters express disappointment over the bench's response to JIT notices.

The government, in tandem with powerful circles, will wholeheartedly endorse CJP Isa's decisions regarding the accountability of retired judges. If the apex court greenlights the government's ICA, retired judges aligned with ex-CJP Saqib Nisar could face the heat from the SJC led by CJP Isa.The government's support for CJP Isa has not gone unnoticed.

The executive is content with the fact that, unlike in the past, PTI has not secured relief from the SC during CJP Isa's tenure. An ideal relationship has been observed among the government, judiciary, and the bar since September of last year.

If they remain on the same page, sets the stage for potential trouble for social media activists and retired judges. However, the larger bench may reject the government’s ICA.

It is pertinent to note that in an unprecedented move during CJP Qazi Faez Isa's tenure, the conduct of retired CJs has become a subject of open court discussions.

During the hearing of petitions against the Supreme Court Practice and Procedure Act 2023, CJP Isa questioned the judgment of ex-CJP Iftikhar Muhammad Chaudhry in the Reko Diq case, which led to a multi-billion-dollar fine for the country. However, during the proceedings, Justice Munib Akhtar expressed reservations about scrutinising the conduct of retired CJPs.

Similarly, when review petitions against the Faizabad dharna judgement were taken up, CJP Isa had expressed bewilderment about why these review petitions had not been addressed in the past four years.

In a recent development, Chief Justice Isa expressed astonishment at the prolonged delay in deciding the elections matter of former deputy speaker of the National Assembly, Qasim Suri, which remained unresolved for four years.

Former CJP Bandial had granted a stay in Suri's favour after he was disqualified by the election tribunal. The bench, headed by CJP Isa, subsequently summoned Suri to address this matter.

PBC member Muneer Kakar, affiliated with the Professional Lawyers Group, has strongly condemned the demand made by SCBA and PBC representatives for action against social media activists critical of CJP Isa.

He has questioned why the Independent Group remained silent when judges were being ridiculed during the tenure of ex-CJP Bandial, adding that the bar's approach should not be selective.

As members of the Professional Group, we will strongly react to the formation of JIT and the issuance of notices to court reporters who criticised the January 13 order, he added.