ISLAMABAD: A poorly managed seminar by the Islamabad PML-N lawyers’ wing on Wednesday turned out to be a “send-off reference” for the outgoing chief justice, with the participants accusing CJP Umar Ata Bandial of orchestrating a “judicial coup” in complete contrast to the principle of separation of powers.

“Alas! We would have been saddened by your retirement but the CJP is not leaving behind a good tradition to remember, [he] instead committed a judicial coup by suspending a bill (Supreme Court Practice and Procedure Act 2023) which had not even become law then,” regretted Ataullah Tarar, a PML-N leader and an ex-aide to former prime minister Shehbaz Sharif.

Mr Tarar was speaking at a seminar organised at a local hotel by the PML-N lawyers’ wing titled ‘Rule of law a must for impartial judiciary’.

“Running the top judiciary on the basis of liking, disliking or whims always breeds injustice,” regretted Mr Tarar and asked the lawyers to kick start a movement by forming a committee to accord a befitting reception to PML-N supremo Nawaz Sharif when he returns to the country on Oct 21.

At this the hall echoed with slogans: “Yeh jo Kala Coat hai – Mian Tera Vote hai” (all these black coats are Mian Nawaz Sharif’s votes).

It was the responsibility of the outgoing CJP to unite the judiciary by setting examples like initiating suo motu notices to help citizens in distress or against the inflated power bills but the CJP chose to keep mum on such issues of public importance, the PML-N leader alleged.

“All constitutional cases of significance, particular judges were made part of the benches but the senior judges like Justice Qazi Faez Isa were ignored,” he said, adding that the concept of independence of the judiciary was trampled with impunity.

‘Mired in groupings’

The seniority principle on the elevation of judges to the Supreme Court was ignored by cherry-picking and out-of-turn promotions on the basis of likings, disliking, and grouping, he alleged.

As a result of which the top judiciary was divided into two groups, he regretted and questioned how the country could function in a proper manner when its judiciary was mired in groupings.

“Could it be called a rule of law, where senior judges are ignored out of fear that favourable judgements may not come,” alleged Mr Tarar and then went on to cite the example of the 2017 Panama judgement, in which a sitting prime minister was disqualified on the basis an un-withdrawn receivable.

“It was a judgement delivered on the basis of black sheep and not on the basis of black dictionary,” he alleged.

Not only the sitting prime minister was disqualified but a monitoring judge of the Supreme Court was appointed, he regretted and questioned how a sessions judge could decide independently when a superior court judge was monitoring him.

He rued that former CJP Saqib Nisar also damaged the reputation of the judiciary but whatever he did, it was done in the open and not discreetly.

Mr Tarar also regretted that instead of conducting a forensic of audio leaks which purportedly included the voice of his mother-in-law, the CJP chose to declare as illegal the commission appointed by the previous government under Justice Qazi Faez Isa.

He also regretted that petitioners moved by a particular political party were entertained even in the evening and fixed for hearing the very next day before a bench consisting of selected judges ignoring the principle of a proper case management system, he said.

Islamabad Bar Council Vice Chairman Raja Aleem Abbasi claimed all the political parties failed to strengthen their ranks, adding that the Supreme Court was the “product of parliament and therefore cannot dictate the legislature”.

“The apex court cannot block a law which has been enacted by parliament,” he said.

PML-N stalwart Naseer Bhutta — who was the chief guest — also spoke on the occasion but by the time he appeared at the rostrum, patience had already run thin and the participants had turned their attention towards food.

Published in Dawn, September 14th, 2023