ISLAMABAD:
Supreme Court facing unprecedented widespread belief that the differences between its senior judges are getting sharper in in light of recent unusual events — suppuration issue which many expect could get worse.
Murder of public declarations and objections – and the controversy that followed – that limited the jurisprudence of the Supreme Court. year further deepened this perception by raising his eyebrows of a lot of who say an unusual sequence of events indicates the court of last The resort is divided into camps.
Alleged steel breaks more pronounced after senior Associate Justice Judge Kazi Faez Isa and his colleague Judge Sardar Tarik Masoud expressed their concern over Main judge of Pakistan (CJP) Umar Ata Bandial performance at new judicial year ceremony, saying that he “said a lot more than what he had to say on event.
Among other problems, the alleged two camps facing brewing mistrust on in issue of appointments of judges. However, legal experts connect the dots back to number of events in recent years, especially “Isa’s fairness factor”.
Read more: FBR Officer Identification Authority. responsible for Case of Judge Isa
It is clear that the case of Judge Kazi Faez Isa has seriously affected the work of Supreme Court. proceedings in the case had a negative impact on relations between the judges of the Supreme Court, who expressed their differences in court rulings, speeches and letters.
it in unprecedented in many respects, as no such divisions were witnessed in that era of former CJP Iftikhar Muhammad Chaudhry, under which no judge has ever objected on any important issue.
Although former CJP Mian Sakib Nisara’s tenure saw some clashes between high court judges, the CJP tactfully handled the situation.
However, Judge Qazi Faez Isa raised serious questions over manner in which the public lawsuits of interest were initiated by the human rights cell of the highest court during the reign of Nisar. He had also expressed serious concern over dissolution and re-establishment of a bench CJP Nisar from SC registry in Peshawar on May 8, 2018
Seven months later, another judge, Judge Syed Mansour Ali Shah, questioned the restoration of the constitution on 8 May. of supreme court bench and called decision “unjustified and unprecedented.”
Prior to this, Nisar took up constitutional petition challenging the appointment of Judge Isa as Chief justice of Supreme Court of Balochistan. However, he later dismissed the petition after lawyers raised their concerns.
Interestingly, the current CJP Umar Ata Bandial was a member of in bench who rejected the petition against Appointment of Judge Isa.
HJC proceedings
In May 2019, another wave of the collision was triggered when Judge Isa raised questions about conduct of Supreme Judicial Council led by former CJP member Asif Saeed Khosa. Judge Isa later went on accuse the ACC of bias against his.
He subsequently appealed the HJC proceedings. against his in Supreme Court. Upgraded bars too joined his in contestation of proceedings in the case of VSS against his.
When the supreme court took up petitions against VSS proceedings, counsel for Judge Isa said that two judges, namely Judge Ijaz ul Ahsan and Judge Sardar Tariq Masood, had a direct interest in happening against Judge Jesus. He argued that any judge who was a personal bet in happening, should don’t get attached to him.
However, presiding judge Umar Ata Bandial was visibly upset by counsel’s challenge of two judges. However, both judges decided to recuse themselves. bench.
The case was referred to former CJP José. for constitution of in full court. ten members full the court resumed the hearing of The Case of Judge Isa.
In June 2020 most of the judges transferred the case to the FBR to Judge Isa family for request and fresh report to the ARIA within a certain period of time of time. The sitting CJP Bandial rendered a detailed majority decision in which Judge Isa family the case was referred to the FBR for investigation. However, lawyers unanimously expressed serious concern over his ruling.
In April 2021 most of judges overruled CJP Bandial’s decision accepting Judge Isa and others review petitions. It is attested that the judges of the Supreme Court also exchanged harsh words during the trial.
Even CJP Bandial in the minority decision ruled that Judge Isa should explained his position to the ARIA regarding his family characteristics.
Decision rendered by three judges of Supreme Court also expressed serious concern over Judge Munib Akhtar view that the decision of the majority in Judge Isa’s case was not binding future legal precedent.
Ex-CJP Gulzar and Justice Isa
Relations between the judges of the Supreme Court went wrong on decline during CJP Gulzar Ahmed’s tenure on Account of their differences in height of junior judges in the Supreme Court, as well as the exclusion of senior judges from the benches considering high-profile cases.
Gulzar issued an unprecedented order, according to which Judge Isa should do not deal with cases related to former prime minister Imran Khan. Interestingly, the incumbent CJP Bandial signed of this order.
Second, the then-incumbent CJP Bandial issued an unprecedented order to annul the suo motu litigation initiated by division bench led by Judge Isa regarding protection of journalists.
Senior lawyers believe both orders were unprecedented and unclaimed for. Conflict between senior judges expanded following these orders.
During CJP Bandial’s tenure, Judge Isa questioned the line-up of benches to hear high-profile cases without his consultation. He also expressed serious concern over call of Judicial Commission of Meeting in Pakistan (JCP) in his absence since he was abroad on summer vacation.
July 28 majority of JCP members did not approve CJP candidates for their elevation to the SC. Later CJP initiated dialogue with senior judges on cause of height, but deadlock is maintained.
Several lawyers believe that the joint letter of Judges Isa and Massoud will further cause controversy in the high court and of opinion of both judges should refrained from publishing the letter with all JCP members.
BUT senior lawyer says which is practically impossible for the conflict between the judges of the Supreme Court to stop in current situation. However, he called on both sides work together for improvement of institutions otherwise history won’t remember them with a good name.
However, prominent jurist Hamid Khan said that issue was started when CJP Bandial expressed dissatisfaction in his speech, which was “unnamed forHe said that the CJP is nominating junior judges for promotion to BC and then expressing dissatisfaction with the members of the JCP. in his speech.
However, he echoed the CJP’s concern that members of the bar should did not affect the trial, requiring the formation of a full court in that case.
However, he said it was a responsibility of CJP to evolve consensus among senior judges. Hamid Khan says that elevation up to the sk should be based on only by seniority.
