Umer Ata Bandial Archives - Dissent Today https://dissenttoday.net/tag/umer-ata-bandial/ Speaking Truth to Power Fri, 31 Mar 2023 08:26:17 +0000 en-US hourly 1 CJP Bandial Accused Of ‘Neglecting’ Provincial Judiciary Over Delay In PHC CJ’s Appointment https://dissenttoday.net/news/cjp-bandial-accused-of-neglecting-provincial-judiciary-over-delay-in-phc-cjs-appointment/ https://dissenttoday.net/news/cjp-bandial-accused-of-neglecting-provincial-judiciary-over-delay-in-phc-cjs-appointment/#respond Fri, 31 Mar 2023 08:26:17 +0000 https://dissenttoday.net/?p=2753 Chief Justice of Pakistan Umer Ata Bandial has been accused of neglecting the Khyber Pakhtunkhwa judiciary, as the top judge has not summoned the Judicial Commission of Pakistan’s meeting to finalise the nomination of the chief justice of Peshawar High Court, despite approval of Justice Musarrat Hilali’s appointment to the post. Hilali will be the […]

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]]> Chief Justice of Pakistan Umer Ata Bandial has been accused of neglecting the Khyber Pakhtunkhwa judiciary, as the top judge has not summoned the Judicial Commission of Pakistan’s meeting to finalise the nomination of the chief justice of Peshawar High Court, despite approval of Justice Musarrat Hilali’s appointment to the post. Hilali will be the first woman Chief Justice of the high court.

On Wednesday, President Dr Arif Alvi approved the appointment of Justice Musarrat Hilali as the Chief Justice of the Peshawar High Court (PHC). Justice Hilali will act as the PHC chief justice from April 1 till the appointment of a regular chief justice on the recommendation of the Judicial Commission of Pakistan (JCP). However, the CJP has yet to summon a JCP meeting over the matter.

KP Bar Council’s nominated Member of the Judicial Commission of Pakistan Ahmad Farooq Khattak has written a letter to the CJP and demanded that a JCP meeting is convened immediately to consider the nomination of the new PHC CJ.

In the letter, Khattak stated two senior judges of the high court were set to retire in March, including PHC Chief Justice Qaiser Rashid, and justice Roohul Amin Khan. Following this, Justice Musarrat Hilali was to be appointed as PHC CJ on acting charge basis. However, he regretted that the meeting for the appointment of the permanent PHC CJ is yet to be summoned by the CJP.

Khattak termed this a “serious neglect” towards the provincial judiciary.

He added that this was not an isolated incident as the same “injustice is meted out” to the judges of the PHC when it comes to their elevation to the Supreme Court. Khattak said this was not the first time these concerns were being raised.

Khattak urged the CJP to convene the meeting for the appointment of the permanent chief justice of the PHC as per the law.

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]]> https://dissenttoday.net/news/cjp-bandial-accused-of-neglecting-provincial-judiciary-over-delay-in-phc-cjs-appointment/feed/ 0 ‘One Man Show’: Revolt In Pakistan’s Judiciary As Chief Justice’s Discretionary Powers Challenged https://dissenttoday.net/news/one-man-show-revolt-in-pakistans-judiciary-as-chief-justices-discretionary-powers-challenged/ https://dissenttoday.net/news/one-man-show-revolt-in-pakistans-judiciary-as-chief-justices-discretionary-powers-challenged/#respond Tue, 28 Mar 2023 08:48:33 +0000 https://dissenttoday.net/?p=2628 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 […]

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]]> 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.


It’s “eroding judicial independence from within and impeding on our fundamental rights, including fair trial”, she added.


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?”

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”.


“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.


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”.


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.


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”.

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