Year 2019 in context of judiciary

Author: Hameed Langraw

Year 2019 was the most important in term of its verdicts in the judicial history of Pakistan. Former President, Army Chief General (r) Pervez Musharraf was sentenced to death, while the Supreme Court extended the tenure of Army Chief General Qamar Javed Bajwa for six months with some conditions in this year.

This year, the Supreme Court has been very active and has made major historical decisions. The start of the year 2019 begins with the retirement of Chief Justice Saqib Nisar. Justice Saqib Nisar retired from the office of Justice of Pakistan on January 17, while Justice Asif Saeed Khan Khosa took oath of the office of Chief Justice on January 18, 2019, the next day. ASK retires on December 20, 2019 after serving as Chief Justice of Pakistan.

In 2019, two judges of the Supreme Court, Justice Asif Saeed Khan Khosa and Justice Gulzar Ahmed became Chief Justice of Pakistan and this year two Chief Justice, Justice Saqib Nisar, Justice Asif Saeed Khan Khosa retired after reaching the constitutional age of 65 years. On December 21, the same year, Justice Gulzar Ahmed took oath as Pakistan’s 27th Chief Justice. President Arif Alawi took oath from Justice Gulzar Ahmed.

Army Chief General Qamar Javed Bajwa, along with Chief of Army Staff General Qamar Javed Bajwa, attended the oath-taking ceremony of Chief Justice Gulzar Ahmed. And the new Chief Justice of Pakistan Justice Gulzar Ahmed also met with Prime Minister Imran Khan. These meetings took place during the inauguration of Chief Justice of Pakistan Justice Gulzar Ahmed.

Sources have said that the new Chief Justice of Pakistan has been congratulated on assuming responsibilities in the meetings. Justice Gulzar Ahmed has become the 27th Chief Justice of Pakistan. He will remain in office till 1st February 2022. After the retirement of Saeed Khan Khosa and the oath taking ceremony of Chief Justice of Justice Gulzar Ahmed, the constitutional bodies of both the Supreme Judicial Council and the Supreme Judicial Commission have also been changed. The Forum also heads the Supreme Judicial Commission, the Chief Justice Law and Justice Commission and the nation. He also became chairman of the judicial policy-making committee. Three judges of the Supreme Court, including two chief Justices, were retired this year while two judges Justice Qazi Amin and Justice Aminuddin Khan took oath as the Supreme Court judges.

Justice Alam and Justice Omar Ata Bandial became part of the Supreme Judicial Council’s accountability forum this year, while Judge Qazi Faiz, a senior judge of the Supreme Court facing the government reference, nominated the Judicial Commission of the Judicial Commission in the High Court. Part has also been made after the retirement of Chief Justice Saqib Nisar.

Important cases were heard in the Supreme Court in 2019, fake bank accounts case, bail of former Prime Minister Nawaz Sharif and extension of extension of term of army chief were announced. At the beginning of 2019, the court heard the fake bank accounts case. The NAB was ordered to file a reference against Asif Zardari, Faryal Talpur, Omni group and others involved in the investigation. Former Prime Minister Nawaz Sharif has been given a six-week bail on medical grounds, opposition leader Shahbaz Sharif has been granted bail. NAB’s plea against cancellation was also rejected.

On the other hand, former Chief Justice Asif Saeed Khan Khosa raised some questions for NAB’s performance this year. He has said that the job of the cannabis is to make the rounds and not prove the case? The evidence comes to the NAB, why not in the courts? Whatever case the court hears, NAB has no evidence, but rather, what does NAB do? The NAB, on the other hand, has repeatedly faced subpoena on the basis of non-evidence-based convictions.

Army chief’s extension case comes under trial after last year’s political court hearing saw a drastic reduction in the rate of political cases pending in the Supreme Court this year. The Supreme Court not only praised terrorism but also made it clear that no offense in terror cases is remissionable, in a decision with far-reaching implications, the Supreme Court has said that if affected Parties may also pardon the less serious crimes committed along with the crime of the offender. Supreme Court issued a detailed judgment of the dual nationality case and Development, and has said in its ruling that foreign nationals are not eligible to become a member of the Pakistani parliament.

Former Prime Minister Mian Nawaz Sharif’s interim bail and remand bail canceled, Judge Arshad Malik’s video scandal ruling against Nawaz Sharif; I included several important decisions, including the removal of the government review application, the Islamabad sit-in case, the unrest in the population, the dual citizenship and the Memo Gate scandal case. Throughout the year the relations between the bench and the bar were strained, the Pakistan Bar Council called a protest eight times. For the first time in the history of the court, the Supreme Court also announced the protest boycott which was later withdrawn after meeting with Chief Justice Asif Saeed Khan Khosa. Pakistan Bar Council takes strong stand on Supreme Court Bar Association Dinner in honor of Chief Justice Asif Saeed Khan Khosa, decision of the Judicial Policymaking Committee regarding the 22A and 22B protest hasn’t been shared.

Once the government reference has been filed against Justice Qazi Faiz Isa, the Pakistan Bar and the Supreme Court Bar once again staged a protest and the sit-in came after the bar and the bench came face to face with the Pakistan Bar Council for the retirement of Justice Sheikh Azmat Saeed. They did not attend the dinner given by the Supreme Court Bar and former Chief Justice.

The Supreme Court established model courts in the same year to provide instant justice and to settle pending cases, which not only yielded notable results but also received a lot of persuasion. This year, the Supreme Court has the world’s first e-court system. Supreme Court honours his name A series of automatic notices taken by the Supreme Court not only ceased after Justice Asif Saeed Khan Khosa was appointed as the Chief Justice, but the interesting part is that of the 23 submissions taken by the Supreme Court itself. Not one case will be settled.

This year, where normal cases are being heard in the Supreme Court, it seems that the Supreme Court is likely to be more dynamic and active during the year 2020. The number of pending cases in the Supreme Court in early 2019 was 38,000, which has increased to about 42,000. Compared to last year, no one took notice of Justice Asif Saeed Khan’s 11 years 2 days in the Supreme Court of Pakistan this year. Legal and constitutional experts say that former Chief Justice Asif Saeed Khan Khosa has not only made this year historic with bold decisions in the year 2019 but has also nullified the double standard of emerging justice.

On the contrary, the Supreme Court of Pakistan has made it clear that there is nothing beyond the law and the constitution.

On the other hand, reducing the existing tensions in the institutions without the flexibility of the constitutional supremacy is a challenge for the new Chief Justice Gulzar Ahmed, when the judiciary faces challenges in view of some judicial decisions. Due to this there are already increasing tensions between the institutions.

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