LAHORE/KARACHI: A lawyers’ convention on Wednesday backed the Chief Justice of Pakistan-led bench’s interpretation of constitution regarding elections, resolving that the Election Commission of Pakistan (ECP) has no power to postpone the elections beyond the timeframe set by the constitution and expressing concern over differences within the judiciary coming out publicly.

On the other hand, the Sindh Bar Council (SBC) believed the powers of Chief Justice of Pakistan (CJP) to initiate suo motu proceedings and constitution of benches at the Supreme Court should be regulated.

SCBA President Abid Shahid Zuberi, its secretary Muqtedir Akhtar Shabir, LHCBA President Ishtiaq A. Khan, its vice president Rabbiya Bajwa and secretary Sabahat Rizvi, Pakistan Bar Council Shafqat Chohan and former senator Babar Awan were prominent among the speakers at the convention, which was jointly hosted by the Supreme Court Bar Association (SCBA) and the Lahore High Court Bar Association (LHCBA).

A resolution passed by the convention says the lawyers throughout Pakistan stand united for the supremacy of the constitution, rule of law and independence of judiciary.

Sindh Bar Council lauds proposed bill to regulate CJP’s power

Political parties

It says it is disturbing that certain political leaders and parties are taking steps to ‘violate clear provision of the constitution’. It states the provisions of the constitution are clear about the timeframe of the election after dissolution of the assemblies and that the Supreme Court has ‘correctly interpreted’ these provisions. It maintains that the ECP has no power or authority to postpone elections beyond time limits prescribed by the constitution and the act of delaying the elections is ‘unconstitutional’.

It says the lawyers are concerned about the differences within the judiciary coming out so publicly and calls upon the CJP to assume leadership and bring together all SC judges to maintain the dignity and integrity of the judiciary in general and the apex court in particular.

Act without pressure

It calls upon the bar councils and associations to act independently without any pressure or influence of any political party or politician in order to ensure their independent stance and posture.

Meanwhile, the SBC lauded the parliament’s move and proposed Supreme Court (Practice and Procedure) Bill 2023, saying that CJP’s powers to take suo motu proceedings and constitute benches should be regulated.

It further suggested that the process of appointment of judges at the higher judiciary also needed to be structured and transparent while objective criteria for such appointment be formulated.

It also was of the view that it will strengthen the independence of judiciary and bring greater transparency to its working as well as improve access to justice.

A day after Pakistan Bar Council had asked for regulation of suo motu jurisdiction and formation of benches at apex court, the newly-elected vice chairman of SBC Azhar Hussain Abbasi in a statement appreciated the judgement authored by Justice Syed Mansoor Ali Shah and Justice Jamal Khan Mandokhail.

It further said that both the judges had raised important points about independence of judiciary and need to ensure that the apex court be operated as an institution and not merely a one-man show.

The statement added that for last 10 years various bar councils and associations across the country have been demanding that power to initiate suo motu should be regulated and not be depended on individual whim of chief justice as well as power of constituting benches.

There should also be clear criteria for fixation of cases and it should not be that some cases are not fixed for hearing for years while others listed and relisted immediately, it said.

The SBC further said that many of such issues had also been raised by the chief justices and judges of apex court, but unfortunately the Supreme Court as a whole has not seen it fit to structure the CJP’s absolute discretion in the same manner as it demanded from all other constitutional and statutory functionaries and the requisite amendments in Supreme Court Rules 1980 and Judicial Commission of Pakistan Rules 2010 have not been effected.

It said the parliament has finally assumed its legislative responsibility under Article 191 of the Constitution to remedy the situation.

Published in Dawn, March 30th, 2023