Speaking for the last time at a ceremony marking the commencement of the new judicial year on Monday, Chief Justice of Pakistan Umar Ata Bandial said that the court was tested several times in February 2023 with matters pertaining to the Constitution of Pakistan. He added that he did not want to repeat all that has happened but it is reflected in part in the decision for the audio leaks case. Commenting on his differences with incoming CJP Qazi Faez Isa, Justice Bandial maintained that the latter was an admirable man. The media is the eyes and ears of society, said the CJP, but, he added, incorrect reports were published about him. He referred to the use of his phrases “good to see you” and “short and sweet” and said they were taken out of context. He doesn’t hold this against the media, he added. The outgoing CJP said that this might be his last address as the chief justice, and mentioned that the ongoing political situation has also affected judicial performance.
Justice Bandial said that as the outgoing chief justice he was carrying many hopes, as the Supreme Court has faced a very difficult time in the recent past. “None of us disagreed with holding the general elections within 90 days after the dissolution of the assembly,” he remarked.
The Supreme Court is accused of holding the dam fund worth billions of rupees, CJP Bandial said, adding that the fund was in the government’ secure custody. The court has strengthened with the arrival of women judges, while the presence of women has also increased in the administrative positions of the court, the top judge added. The tussle arose because it was a political clash, CJP Bandial remarked, adding that the duty of the court was to explain what the Constitution said. He added that despite heavy criticism, the court only took suo motu notice in one case in the nine months of this year.
Addressing on the occasion, Supreme Court Bar Association President Abid Zuberi suggested action be taken against the Election Commission of Pakistan under Article 6 over its deviation from the Constitution in delaying elections beyond 90 days. The Supreme Court has not taken any steps to implement its decision related to the elections, he stressed, adding: “We demand the president announce the elections soon.”
Zuberi said further that fundamental rights were being violated in the guise of the Official Secrets Act and the Army Amendment Act.
A civilian’s trial is unconstitutional and illegal, which is not acceptable in any way, he insisted, adding that the nation’s daughters and sisters are imprisoned on fabricated and baseless charges.
Abid Zuberi requested the court to take notice of this forced imprisonment, adding that the petitions against military courts should be decided immediately.
Earlier, Attorney General for Pakistan Mansoor Usman Awan said that exercising its power to hear cases directly, the Supreme Court should be mindful of the limits of constitutional institutions.
The identity of the Supreme Court is affected by the careless use of Article 184(3) of the Constitution, the AGP remarked. Commenting on the performance of the apex court, CJP Bandial said that the SC disposed of 23,000 cases in the past year, breaking a previous record of disposing of 18,000 cases in one year.
He added that he had wished to reduce the number of pending cases by 50,000 but managed to address only 2,000 cases from the backlog. Justice Bandial took office as CJP in February 2022 and is due to retire on September 16, 2023. The Supreme Court has been marred with controversies this year against the backdrop of a political crisis which has garnered the attention of international media and much uncertainty surrounding the next general elections. The top court has decisions pending in several political and constitutional cases as CJP Bandial begins his last week in office.