• Information minister asks how verdict can be issued on petition ‘that doesn’t exist’
• Nawaz and Maryam seek top judge’s resignation for his ‘glaring tilt’ towards PTI
• Private complaint filed before SJC against Justice Bandial for ‘misconduct’

KARACHI: Amid a growing standoff with the judiciary, the government has called on Chief Justice of Pakistan (CJP) Umar Ata Bandial to step down because his position has become controversial.

The demand, made by Information Minister Marriyum Aurangzeb after a judicial note from Justice Athar Minallah was made public on Friday, was also echoed by PML-N supreme leader Nawaz Sharif and his daughter Maryam.

Meanwhile, a complaint was filed against the CJP before the Supreme Judicial Council (SJC) for ‘misconduct’, seeking a probe into the constitution of a bench for suo motu proceedings on Punjab and Khyber Pakht­unkhwa elections.

Addressing a news conference in Islamabad, Ms Aurangzeb said: “When there was no petition, questions arise as to why the bench was formed and why a decision was made.”

Four members of the SC bench wanted that a full-court bench proceed in the matter, she said, adding that political parties, too, were seeking a full-court bench so that the decision would be acceptable to people.

The minister said the CJP’s suo motu notice had been ‘dismissed’ by most members of the bench, yet a three-member bench was formed.

“Why was a bench formed on a petition which was dismissed and how can a decision be given on a petition which does not exist?”

She said political parties did not shy away from elections, but this was no longer just an election issue, rather a matter of ‘bench fixing’.

Ms Aurangzeb blamed the court’s handling of the election matter for creating a ‘constitutional crisis’, saying that elections should be held at the same time across the country after the completion of the assemblies’ constitutional tenure, and not on the whims of an individual.

Sharifs’ demand

Separately, PML-N chief organiser Maryam Nawaz Sharif echoed the demand that CJP Bandial should resign because “his tilt towards” her rival party, the PTI, was ‘glaring’.

In a couple of messages posted on Twitter, the PML-N chief organiser alleged that the top judge had flagrantly violated the law and Constitution to favour Imran Khan and the PTI.

“This blatant abuse of authority has led to an unprecedented revolt-like situation in the [Supreme Court]. Judges of impeccable repute have raised serious questions on CJP’s conduct & bias,” she wrote, claiming that no chief justice had ever been accused of such misconduct.

Her father, PML-N supreme leader Nawaz Sharif, also tweeted on the issue, saying that courts were meant to rescue nations from crises, not push them further into quagmire.

“Who knows what privilege the chief justice has employed to impose a minority opinion on a majority decision. Rather than causing further damage, a chief justice who has insulted his position and the constitution by furthering PTI’s agenda should immediately resign.”

Complaint against CJP

Filed by a private citizen, the complaint against CJP Bandial seeks a probe into the initiation of suo motu proceedings on KP, Punjab elections and constitution of a bench for the purpose.

Moved by Advocate Raja Sibtain Khan, the complaint claims that the CJP allegedly created a grouping within the SC by “keeping four judges in his basket”. By doing so, the complaint alleged, he was guilty of misconduct by luring those judges for his own personal motives and benefits and such practices were unknown to the framework of the Constitution and its dispensation, the complaint alleged.

The complaint said the CJP was allegedly guilty of misconduct and therefore should be removed from office immediately. While the greatest strength of citizens in constitutional dispensation rests with apex judicial institution, backed up by public confidence and trust of the people, the same was being diminished manifold due to assumption of jurisdiction by the incumbent CJP, the complaint alleged.

This warrants a serious probe under Article 209(5)(b) of the Constitution as the incumbent CJP allegedly committed ‘gross misconduct’ by being guilty of compromising his oath, relevant constitutional provisions and the dictum on the subject settled by the Supreme Court, according to the complaint.

The CJP allegedly constituted a bench according to the grouping so that he might be able to score a majority order in suo motu case on the KP, Punjab elections and other two constitutional petitions, the complaint alleged. This was not only a violation of Article 10-A, but also jeopardised the constitutional and fundamental rights of the people, it added.

Nasir Iqbal in Islamabad also contributed to this report

Published in Dawn, April 8th, 2023