The federal government can afford to breathe another massive sigh of relief as the Independent Group of lawyers' presidential candidate, Rauf Ata, has won the Supreme Court Bar Association (SCBA) annual election. However, it is not all plain sailing as the Professional Group's candidate for SCBA secretary, Salman Mansoor, also managed to secure the seat he had been vying for.
Majority of the executive body seats were won by the Independent Group. However, the Professional Group's candidate Salman Mansoor became the SCBA secretary by a margin of 480 votes
The Independent Group has been known for supporting the 26th Constitutional Amendment, while the Professional Group has strongly resisted the changes.
Even as we speak, representatives of the latter group are approaching the apex court against the recent constitutional amendments which increased the executive and parliament's influence in the superior judiciary's internal affairs through the formation of benches, and nomination of the chief justice through a panel.
Newly-elected SCBA President Rauf Ata belongs to the JUI-F, and was the junior of Senator Kamran Murtaza. It has been witnessed that JUI-F's position is different from the government's as it opposes the establishment of military courts to try civilians.
Therefore, it will be interesting to see the stance Rauf Ata takes on national politics
With this situation in mind, the success of the Independent Group's presidential candidate is a huge relief for the federal government.
A Professional Group member has accused PTI of not backing their candidates in Khyber-Pakhtunkhwa (KP) where the party is in power. Their candidate Muneer Kakar lost by 44 votes in the province of K-P. "PTI's legal wing should have worked in the province where the party holds power," the lawyer said.
A debate has also arisen regarding whether the SC can confront the executive and parliament in light of the SCBA election results.
Meanwhile, the federal government plans to introduce further legislation to control the superior judiciary.
A cabinet member has confirmed to The Express Tribune that the number of SC judges is being increased, and there is a consideration to appoint two SC judges from each province. He also states that an amendment is likely to be made to the Supreme Court Practice and Procedure Act, adding that senior judges of the constitutional benches will be included as members of the committee.
However, the same cabinet member adds there is also a consideration within government ranks to support Chief Justice of Pakistan Yahya Afridi presiding over the constitutional benches. He adds the last thing the government desires is a clash with the new CJP.
It has been learned that both PML-N and PPP have started deliberations on the nomination of two members of the Judicial Commission of Pakistan (JCP).
Reports suggest it has also been decided that one of the names will be nominated by PML-N, and the other from PPP.
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