Legal analysts have reacted to remarks made by two Supreme Court Justices Mansoor Ali Shah and Jamal Khan Mandokhail wherein they called for revisiting the “one-man show” powers enjoyed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, saying the top judge’s “unfettered discretionary powers” should be a cause of concern for every citizen.
The two judges of the apex court issued these remarks in relation to the judgement handed down by the CJP in the March 1 suo motu regarding elections in Khyber Pakhtunkhwa and Punjab, and deplored the “unbridled powers” exercised by the top judge.
Currently, the CJP has complete authority over the formation of benches, case allocation/appointments, and suo motu notices.
Legal analysts reacted to these remarks.
Reema Omer:
Legal analyst Reema Omer shared the screenshot of the judges’ notes on her Twitter handle and said “CJ’s unfettered discretionary powers” should be a cause of concern for every citizen of Pakistan.
1. CJ’s unfettered discretionary powers (suo motu, case allocation, appointments etc) are eroding judicial independence from within and impeding on our fundamental rights, incl fair trial
This should be of concern to every citizen of Pakistan, regardless of political affiliation
— Reema Omer (@reema_omer) March 27, 2023
It’s “eroding judicial independence from within and impeding on our fundamental rights, including fair trial”, she added.
2. The meltdown of some senior lawyers/anchors over SC judges publicly expressing dissent regarding how the SC is being run is baffling
Would they rather have a SC that appears “united” than one that functions democratically, transparently, and independently?
— Reema Omer (@reema_omer) March 27, 2023
She also criticised those who condemned the judges for openly passing dissenting remarks on the CJP and questioned if they would have Supreme Court appear “united” or the one that “functions democratically, transparently, and independently?”
3. Independence of the judiciary is one of the foundations of our Constitution, one of its salient features
That certain segments of the legal profession are considering reform to defend + strengthen judicial independence a “conspiracy” against the judiciary is most unfortunate
— Reema Omer (@reema_omer) March 27, 2023
Reema Omer added that independence of the judiciary is one of the foundations of the constitution and said that it is unfortunate that certain segments of the legal profession are deeming these remarks a “conspiracy”.
4. Constitution is clear: election must be held within 90 days of PA dissolution
Constitution is also clear: Independence of the judiciary must be ensured (which includes freedom from undue interference from within)
Both are important. And they are not mutually exclusive
— Reema Omer (@reema_omer) March 27, 2023
“Constitution is clear: election must be held within 90 days of the dissolution of provincial assemblies. Constitution is also clear: independence of the judiciary must be ensured (which includes freedom from undue interference from within). Both are important. And they are not mutually exclusive,” she said.
Abdul Moiz Jaffery:
Legal analyst Abdul Moiz Jaffery said that this might be the “final push for the full court we really needed”.
Political and legal analysts have continuously called for a full court to hear the case regarding elections of provincial assemblies, instead of a larger bench constituted by the CJP.
Also I like how this must be the final push for the full court we really need. Bandial J should Either don’t interfere, or do so with the full might of the Supreme Court. Anything less will lead to a fracturing of the Court’s power, it’s majesty already having been denuded.
— Abdul Moiz Jaferii (@Jaferii) March 27, 2023
Osama Siddique:
Legal commentator Osama Siddique said that describing the “current abuse of this (chief justice of Pakistan) position” as a “one-man show” is a “fitting indictment of the CJP concerned”.
The 28 pg order by Syed Mansoor Ali Shah J is nuanced, rigorous, well-reasoned & emphatic. Not just making clear why taking up the election dates matter under 184(3) was wrong at multiple levels & for various reasons but also that there was no justification to exclude orders 1/6 pic.twitter.com/lmLpfc0OwS
— Osama Siddique (@DrOsamaSiddique) March 27, 2023
He said many political and legal commentators have been pointing out the same since top judge Umar Ata Bandial resumed the charge.
“His manner of administrating the courts leaves lots to be desired,” he added.
from JJs Afridi & Minallah. Including these the majority comes out in favor of not entertaining these petitions by 4:3 (JJs Ijaz-ul-Ahsan & Naqvi having recused themselves). However a larger & important jurisprudential reminder is about the perils of unfettered & capricious 2/6
— Osama Siddique (@DrOsamaSiddique) March 27, 2023
use of Art 184(3) (how many CJPs have abused it & yet nothing done to fetter its use) & how that can turn the SC into an Imperial Supreme Court. Equally significant also are the candid observations on how CJP’s powers used in matters such as 184(3) suo motu & creation of 3/6
— Osama Siddique (@DrOsamaSiddique) March 27, 2023
The CJP has been criticised over issues involving “earlier jurisprudence on Article 63–A, exclusion of senior judges from benches, inaction in wake of serious corruption allegations on a certain judge, shambolic handling of the judicial commission, alacrity in extending relief to a certain political party and frequent political statements” he added and said these issues have “eroded the credibility of the Supreme Court”.
benches. “One-Man Show” is how the current abuse of this position has been described which is a fitting indictment of the CJP concerned. Objective & informed commentators have been pointing out since the start of the Bandial term that his manner of administering the court 4/6
— Osama Siddique (@DrOsamaSiddique) March 27, 2023
alacrity in extending relief to a certain political party & frequent political statements have eroded the credibility of the SC. CJP Bandial now has an unenviable record not just due to the above but also due now to open questioning of his wayward ways by his brother judges 6/6
— Osama Siddique (@DrOsamaSiddique) March 27, 2023
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