Chief Justice of Pakistan (CJP) Umar Ata Bandial on Monday said that the Supreme Court (SC) “will not perform the duties of other institutions, instead, will make them fulfill their duties”, a private TV channel reported.
The remarks by the CJP came during the hearing of a case pertaining to the cancellation of a medical student’s admission following the completion of her studies at Khyber Medical University.
The student, Rukhsana Bangash, had passed her second-year exam in her fifth attempt and similarly, had passed her subsequent exams in supplementary attempts as well. The university then cancelled her admission and said she could not take five attempts for the exam. The chief justice said the court would not do the work, which was to be done by the institutions. It would ask the institutions to work independently and stand on their back as it had done in the case of Punjab by-elections, where transparency and impartiality was maintained.
“The university and PMDC showed negligence,” the CJP remarked and said that had the institutions taken action earlier, it “could have been declared correct” however, “cancelling the registration after the completion of education and upon the commencement of practice would be contrary to justice”. Dismissing the appeal by the university’s counsel to impose a fine on the student to cover damages, the chief justice went on to say that “imposing fines was the concerned body’s job”.
Citing the recent ruling on the Punjab chief minister’s election, Justice Bandial said that the apex court has not interfered with the workings of any institution, however, “the court has supported the institutions in their duties”.
“As a result of our initiative, a transparent and impartial election was held,” remarked the top court.
On July 26, in a devastating blow to the nascent Shehbaz Sharif-led ruling coalition, the SC struck down Punjab Assembly Deputy Speaker Dost Muhammad Mazari’s ruling on the election of Punjab chief minister, paving the way for PTI’s Chaudhry Pervaiz Elahi to ascend to the throne in the country’s political heartland. “The governance of the province of Punjab in accordance with the Constitution has been subverted whereby the fundamental rights of the people have been seriously infringed,” said the top court in its 11-page short order. “As a result, the ruling dated 22.07.2022 issued by Respondent No1, Deputy Speaker, the Punjab Assembly is set aside and declared to be void, without lawful authority and of no legal effect,” read the order.
By virtue of the order, PML-N’s Hamza Shehbaz lost his status of the “trustee” chief minister. All the advisers and assistants appointed by Hamza were also ordered to be relieved of their duties.