• Expectations for fair resolution of pending complaints against judges, transparent bench formation
• Criticises outgoing CJP’s decisions, their impact on judicial legacy

ISLAMABAD: Pakistan Bar Council (PBC) Vice Chairman Haroonur Rashid has expressed the hope that designated Chief Justice of Pakistan (CJP) Qazi Faez Isa, upon assuming office, will decide pending complaints against judges and decide constitutional matters in accordance with the law and court traditions.

The PBC also hope that during Justice Isa’s tenure as CJP, benches will also be constituted transparently.

Mr Rashid was supposed to make these remarks in a speech at the full court reference to bid farewell to outgoing CJP Umar Ata Bandial, but the event was not organised, so a press statement was issued instead.

He also criticised the outgoing CJP for alleged unprecedented decisions, which, according to him, would not be remembered in the annals of history in good words.

The PBC official also called out the outgoing CJP for ignoring Bar Associations. In fact, the top judiciary never consulted the premier body of lawyers — PBC — on important matters of great significance; rather, whenever the council intended to meet CJP, they were told that the court was in direct contact with the Supreme Court Bar Association (SCBA).

He regretted that the Supreme Court had set May 14 as the election date to the Punjab Assembly while ignoring the same matter for the Khyber Pakhtun­khwa Assembly. He said such a decision undermined the dignity of the top judiciary.

He hoped that the incoming CJP will revive the dignity of the apex court and review constitutional matters that allegedly had been wrongly interpreted.

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“The lawyers’ community expects that the Supreme Court (Practice and Procedure) Act 2023 will be implemented as there had not been any example in the judicial history, the way the operation of the law was suspended,” he said.

“The suspension of this law reflects the dictatorial mindset,” he said, adding that what makes this legislation unique is that the law ministry formulated it in the light of several resolutions adopted by the bar councils over the past two decades.

Mr Rashid alleged that the outgoing CJP flouted the Code of Conduct for judges, since the government-appointed commission on audio leaks was declared illegal, despite the fact that it raised concerns of a conflict of interest, as one of the audio recordings belongs to a close relative. He also expressed hope that the designated CJP would initiate proceedings under Article 209 of the Constitution (Supreme Judicial Council) against judges who were part of the bench that ruled against the appointment of the audio commission.

It is a sad commentary, he regretted, that throughout his tenure as CJP, the senior puisne judge as well as senior judges were kept at a distance from important constitutional matters, resulting in damage to the reputation of the institution.

He also regretted that in clear violation of Article 175(3) of the Constitution, government officers were appointed as the Supreme Court’s registrar, which, according to him, was contrary to the law since such officers were not acquainted with the workings of the highest court.

As a result, they had to rely on their subordinate to do judicial work, he alleged.

Meanwhile, through a Sept 14 notification, the services of District and Sessions Judge Abdul Razzaque, who was working as registrar of the Supreme Court in Grade 22, have been repatriated to his parent department, i.e. the Lahore High Court, with immediate effect.

The PBC official also regretted the choice in forming benches and fixing particular cases before such benches. He added that through pick and choose, the institution of Judicial Commission of Pakistan, which elevates judges in the superior courts, was made redundant.

Published in Dawn, September 15th, 2023