ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial on Tuesday tried to put a lid on statements criticising him for extending wishes and alleged undue facilitation to former prime minister Imran Khan by explaining that he always greets all by saying “good to see you”, as decency demands one to be courteous and respectful to everybody.
Though the explanation came during the hearing of an ordinary civil case, the CJP repeated the same greetings “good to see you” while adjourning the proceedings on a challenge to the Aug 2022 amendments to the National Accountability Ordinance (NAO) by ex-PM Imran Khan.
At that time, senior counsel Khawaja Haris Ahmed, representing Mr Khan, was standing at the rostrum.
Earlier during the hearing of the civil case, the CJP interacted with Advocate Asghar Sabzwari and welcomed him by stating that he was pleased to see him since he had appeared in the apex court after a long time.
Justice Bandial then explained that he always extends such greetings to everyone, but regretted that he was made a subject to unnecessary criticism for using the phrase.
Says decency demands one to be courteous, respectful to everybody; asks parties to furnish concise statements in NAB law case
The CJP was criticised by the ruling coalition for welcoming Imran Khan who was summoned by the Supreme Court on May 11 after he was arrested from the premises of the Islamabad High Court — a development considered denial of access to justice.
During the NAB law challenge case, CJP Bandial asked Makhdoom Ali Khan, the counsel for the federal government who attended the hearing through video link from Karachi, as well as Khawaja Haris to furnish concise statements which will be evaluated by the court and if any clarification was needed, hearing would be fixed, otherwise an order would be announced by assembling the bench.
CJP emphasised that already 46 hearings had taken place and annual vacation of the court would commence from June 12 during which the present bench may not be available. Moreover, the government counsel also has international commitments next month and may not be in the country.
When the government’s counsel informed the court about the fresh amendment made to the NAB law by a joint sitting of parliament on Monday explaining which cases should be sent to which forum if the case did not fall within the domain of the NAO, the CJP observed in a lighter note: “They (government) also take our tests all the time.”
Makhdoom Ali Khan argued that in “our history, no one will find a single example of a person who as the prime minister made changes in the law and when he ceased to be the prime minister, he challenged the very law in the court saying while in the office he was considering whether the amendments made by him were correct or not but while he was contemplating the issue, he no longer remained the prime minister and, therefore, was challenging the same before the court”.
Such an approach is unprecedented, the counsel argued, adding that the court cannot be ignorant of the fact that this very petitioner in the last couple of weeks relied upon the amended law to seek relief from the Islamabad High Court. How a person could seek relief in his own case on the basis of a law which he claims unconstitutional and which he challenges before the court, the counsel argued.
This is the settled law of the country and such a law has been laid down by a larger bench and, therefore, the present bench has no jurisdiction to overturn such decisions, the counsel argued.
The CJP observed that the courts in coordination with the legislators could give directives for legislation since laws were meant to maintain law and order in society for ensuring progressive system by making the laws simple.
Earlier, the CJP observed that whatever said in the court were often misunderstood in social media, but thankfully things have been cleared now.
Published in Dawn, May 17th, 2023
