ISLAMABAD: Chief Justice of Pakistan Umar Ata Bandial on Friday took exception to what he called sweeping allegations against him and made it clear that it was his prerogative to constitute benches and fix cases.
The chief justice was addressing a full court reference held here in the Supreme Court on retirement of Justice Qazi Muhammad Amin Ahmed. “Avoid sweeping allegations that judges instead of dispensation of justice are just doing their jobs”, the chief justice said
“This is very unfair and I deliberately avoid using this language”, he said, adding it is the prerogative of the chief justice to constitute benches He said that historically the CJP formed benches, therefore, which bench is to be constituted and when he will do this.
“Which practice you prefer to constitute benches”, the chief justice asked. He said levelling allegations against the institution will weaken it. The CJP said that if someone has any reservation, he should meet him, saying his doors are open round the clock.
He said that there is no dispute on the appointment criteria of judges in the apex court, adding judges are appointed after consultation and appointed on the basis of their integrity, competence as well as capacity and temperament and most importantly, they are appointed with independence from fear and attraction.
Umar Ata Bandial said that they have no favourites among lawyers, adding they have to decide cases according to their conscience and in accordance with law. He asked the lawyers to prepare their cases before appearing in the court to save time and avoid seeking adjournments.
Referring to the appointment of the registrar of the Supreme Court, the CJP said that he has 20 years of experience and a bureaucrat of high repute. “Apart from legal expertise, the registraralso possesses administrative experience.”
“Do you expect me to do his job?” he asked, adding the registrar is the choice of the chief justice. The CJP while addressing Supreme Court Bar Association President Ahsen Bhoon and Pakistan Bar Council Vice-Chairman Hafizur Rehman Chaudhry said they should avoid making sweeping statements and talk about lawyers community only
“For a few days I will be gone so allow me to discharge my duties fairly and in accordance with law and Constitution”, the CJP said
He said the social media is bent upon criticising the judges to respond “I may be black, short but don’t make personal allegations against the judges but criticise their judgments.”
Earlier, Pakistan Bar Council Vice-Chairman Hafizur Rehman Chuadhry while addressing the full court said that most of the judges instead of ensuring dispensation of justice were just doing their jobs as public servants
He said that most of the cases related to criminal, civil as well as other matters filed in the Supreme Court had not been fixed for long time and, as a result, they got infractuous causing hardships to litigants.
President of the Supreme Court Bar Association Ahsen Bhoon while addressing the full court questioned appointment of judges on the seniority principle.
Besides paying tribute to Justice Qazi Muhammad Amin Ahmed for his active role in the movement against Legal Framework Order (LFO), Bhoon also criticised his elevation to the Supreme Court as a judge.
He said that he was elevated to the Supreme Court as a lawyer, adding Justice Qazi Muhammad Amin was not eligible for the post and lacked criteria for appointment as an apex court judge.
Attorney-General Khalid Javed while addressing the full court said that Justice Qazi Muhammad Amin Ahmed has expertise in criminal matters and an equal command on civil and service matters. He has decided 18,000 cases in the high court and rendered numerous judgments within the short span as a judge of the Supreme Court.
The AG said that Justice Qazi Amin Ahmed considered merit and adherence to the prescribed rules as the sole criterion for appointment to public post.
Earlier, addressing the full court reference, the outgoing judge Qazi Muhammad Amin Ahmed termed his stay in the Supreme Court the best time of his life, discovering a new world, a world far beyond criminal jurisprudence.
He expressed his pleasure over the appointment of Justice Ayesha A Malik to the Supreme Court and termed her a judge par excellence “It has taken us more than seven decades to realise that gender is not a barrier and it must not be for appointment to high judicial positions to represent more than half of the population in the republic”, Justice Qazi Amin Ahmed said In this regard, he said credit goes to the then chief justice Gulzar Ahmad and in no less measure to Chief Justice of Pakistan Justice Umer Ata Bandial.
