ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial on Friday said the composition of benches and fixing cases before them was his prerogative.

Referring to the concerns expressed by Pakistan Bar Council (PBC) vice chairman Hafeezur Rehman Chaudhry and Supreme Court Bar Association (SCBA) president Mohammad Ahsan Bhoon during a full court reference to bid farewell to the outgoing judge, Justice Qazi Mohammad Amin Ahmed, CJP Bandial wondered which practice or judicial precedence they were talking about.

During the full court reference, Ahsan Bhoon had referred to a letter written by Justice Qazi Faez Isa, in which it was highlighted that the practice of consulting senior-most judges on important cases had been discarded when there was a discernable criterion in the constitution of benches.

Chief Justice Bandial cautions against pointing finger at judges

“This is most troubling and gives rise to unnecessary and avoidable misgivings; all the more in cases in which the eyes of the entire nation are set,” the letter regretted.

In response, the chief justice asked the two bar leaders to show how the benches had been formed during the last 15 to 20 years and said it was a clear prerogative of the CJP.

“Don’t make sweeping statements by saying that the judges were paid servants,” Chief Justice Bandial said, adding that with utmost respect and civility in his command, such comments in speeches were unfair and inappropriate.

While cautioning against pointing finger at judges, the CJP observed that not only the Supreme Court but the high courts comprised committed and high calibre judges.

He also cited a recent editorial written in Dawn, which discussed the traits of the judges like competence in the field of law, capacity to work endlessly, sweetness in the temperament by listening with patience to all and independence from the fear of any force or temptation or any kind of attraction.

“Please raise your hand if you do not agree with it,” the CJP said, emphasising: “We do not have any choice amongst any lawyer and have to decide the cases in accordance with the law and Constitution as well as the truth and record before us. We are responsible to Allah Almighty since a very important duty has been caste upon us.”

The chief justice said it would not matter whether the attorney general for Pakistan was standing “before us or Ahsan Bhoon”.

Justice Bandial also had a word of advice for the bar, saying that they should come prepared for their cases, summarise their arguments and cite proper law and record.

The bar is now cooperating since no adjournments were being given and disposal of cases was taking place and it was evident from the fact that the court decided 4,000 cases in the last two months.

The chief justice said one should realise for how long judges sat in their chambers and did their judicial work.

“Despite important cases like the presidential reference, regular stream of cases is not being disrupted,” he added.

He also defended the Supreme Court registrar, Jawwad Paul, and said he was among the best with 20 years of experience and required qualification.

“The registrar knows how to carry out administrative work and that he was the choice of the CJP, he said.

“Do you expect the CJP to also do his job,” Justice Bandial asked, adding that it was his domain to decide which case should be fixed before which bench.

The bars are trustees as they are representatives of the lawyers, Justice Bandial said, adding that the bar diminished its stature by hurling allegations on speculations and hearsay. “I am just an ‘Ameen’ for a few days and will be gone one day,” the chief justice said, adding that it was hurtful when such allegations are made.

Published in Dawn, March 26th, 2022