SCBA election to impact judicial crisis

ISLAMABAD:

The result of Tuesday (today's) annual election of the Supreme Court Bar Association (SCBA) will significantly impact the ongoing judicial debacle in which the executive has increased its influence over the superior courts' internal affairs through the 26th Constitutional Amendment.

Both presidential candidates belong to the province of Balochistan.

Muneer Kakar is from the Professional group while Rauf Atta is associated with the Independents.

The Independent group has consistently supported the present federal government on key issues. It did not object to the 26th Constitutional Amendment, and currently, holds the majority in the Pakistan Bar Council.

On the other hand, the Professional group is strongly opposed to the 26th Constitutional Amendment. The representatives of the same group are approaching the Supreme Court, seeking a declaration against this amendment as they believe it violates the basic structure of the Constitution.

Some of the Professional lawyers group members, like Hamid Khan, and Ishtiaq Chaudhry, belong to the Pakistan Tehreek-e-Insaf (PTI). Given this situation, the annual election of the SCBA is important.

Professional group members are alleging that the government is fully backing the Independent group all over the country. They claimed that CVs are being sought from lawyers regarding the nomination in the superior courts.

Likewise, the independent group has always gained advantages of the welfare projects for lawyers.

Interestingly, the Independent group's candidate, Rauf Atta, is associated with JUI-F as a junior of Senator Kamran Murtaza. SC judges always give weightage to the SCBA executive body's opinion. The result of the SCBA election will have impact on the future role of the judiciary.

It has been learnt that the judges did not discuss the constitutional amendment and changes to the Supreme Court Practice and Procedure Act 2023 during the full court meeting on Monday.

A lawyer says the declaration of the full court meeting suggests that judges' top priority is the disposal of cases. Likewise, they also gave a prominent role to Justice Syed Mansoor Ali Shah who was superseded by the special parliamentary committee meeting for the nomination of the CJP. He also said that the full court meeting suggests that judges are united.

The lawyer adds the reason given for the 26th Constitutional Amendment was the existing backlog and greater interest in political cases. That's why judges have decided to clear the backlog first.

However, one section of lawyers suggests that the judges should have discussed the constitutional amendment as it is an attack on the independence of teh judiciary. Likewise, their judgments are deliberately being defied by other institutions, members of the legal fraternity pointed out.

However, now all eyes are on the Judicial Commission of Pakistan (JCP) meeting where the majority will decide on the formation of constitutional benches.

Some government functionaries were expecting that both judges who were superseded will retire. However, both have dampened their hope by deciding to continue in their roles as judges. Lawyers are also suggesting that their resignation will strengthen the elements who are attempting to weaken the judiciary.

Legal wings of PML-N, PPP, ANP and JUI-F are backing Independent group candidates while PTI legal wing known as Insaaf Lawyers Forum is backing Professional group candidates.