Decision on Punjab CM’s election on merit: CJP

ISLAMABAD: Chief Justice of Pakistan Umar Ata Bandial said Monday the Supreme Court had decided the Punjab chief minister’s election case on merit.He also said the Supreme Court Bar Association (SCBA) role in the case was ‘biased’.

Addressing a full court reference on the eve of the beginning of the new judicial year, CJP Bandial recalled the Punjab CM’s election case that drew criticism from the political parties. The CJP said that the federation had requested a full court bench which was not in accordance with the law.

“Patience was shown despite the political parties’ strong reaction to the annulment of the ruling of then Punjab deputy speaker Dost Muhammad Mazari,” the chief justice said. CJP Bandial said: “We are aware that the country is facing a serious economic crisis, but every person is equal before the law.”

Referring to the Judicial Commission of Pakistan’s (JCP) meeting in which the body had rejected Bandial’s nominated judges of high courts for their appointment to the Supreme Court, the CJP said did the federal government’s response reflect respect for the judiciary?

CJP Bandial said that when he had assumed the office, there were challenges related to the provision of inexpensive and speedy justice, a backlog of cases and use of suo motu power. Highlighting the achievements, the CJP said that the number of cases pending with the judiciary had reduced to 50,265 from 54,134.

“The respected judges had sacrificed their yearly vacations and decided 6,458 cases during a short period of June-September.” Stressing the need for new appointments to the top judiciary, he urged the SCBA to assist the court.

Talking about speedy justice, the CJP said that he, after consultation with other judges, took notice of then NA deputy speaker Qasim Suri’s ruling and declared it as illegal after a five-day hearing and issued the verdict within three days.

A large number of cases were lodged with the apex court following the political events in March 2022, he noted. He said that the Supreme Court would not hesitate to act if the Constitution or constitutional institutions were undermined, violated or attacked.

The chief justice said that the SC was committed to defending the Constitution in all aspects from its commands to the state, people to en enforcement of human rights to protecting institutions.

“The institutions specified therein, for instance the parliament (both federal and provincial legislatures), the executive, the judiciary (from the lowest to the highest level), the Election Commission of Pakistan, the office of the Auditor-General, the Services of Pakistan and the Armed Forces,” the CJP said.

CJP Bandial said that in all other matters of public interest the Supreme Court had acted only when presented with petitions from serious stakeholders who had challenged alleged unconstitutional acts of parliament and/or actions of constitutional functionaries.

Referring to serious economic and political challenges and the recent floods, the CJP urged all the political parties, their leaders, all the decision-makers and privileged members of society to set aside their differences and grievances and act in unity for the public interest and the national good.

“The time has come to forget personal agendas and work collectively for nation-building,” he said, adding that despite generous donations from all the quarters of the country, the incumbent government still faces a formidable task and the unenviable obligation to steer the country towards rehabilitation and recovery.

The chief justice reiterated that the Supreme Court would continue to faithfully perform its functions to protect the Constitution and the fundamental rights assured to the people of Pakistan. “In this regard, a Conference titled ‘75 Years of Pakistan’ is being held by the Law and Justice Commission later this month to examine the role to be played by the judiciary in shaping the future trajectory of Pakistan,” the chief justice said.