Home TRENDING IN FEBRUARY OF 2023, THE SUPREME COURT WAS PUT TO MULTIPLE TESTS,...

IN FEBRUARY OF 2023, THE SUPREME COURT WAS PUT TO MULTIPLE TESTS, ACCORDING TO THE CJP.

IN FEBRUARY OF 2023, THE SUPREME COURT WAS PUT TO MULTIPLE TESTS, ACCORDING TO THE CJP.

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ISLAMABAD:
Chief Justice of Pakistan Umar Ata Bandial gave his farewell statement on Monday, reflecting on the difficulties the court had to confront during his tenure and blaming the current political scenario for hindering the functioning of the judiciary.

Chief Justice Umar Ata Bandial. PHOTO: FILE

At a ceremony celebrating the beginning of the new judicial year, he spoke about the many challenges facing the court in February 2023, emphasizing those involving the Constitution of Pakistan.

Justice Bandial was honest when he said the court had failed the test of time and environment.

While he declined to go into detail about what happened, he did say that the conclusion made in the audio leaks case reflected the difficulties that had to be overcome.

The retiring chief judge also touched on elections and internal disputes that the highest court had been mired in during his farewell address.

Even though he and his successor, Qazi Faez Isa, have had their disputes come to a head on multiple occasions, Justice Bandial used this opportunity to hail his successor as a wonderful guy. I have a great deal of admiration for my sibling.

“Nice to see you again”

Because they are “society’s eyes and ears,” the media have a great deal of influence on public opinion, hence CJP Bandial stressed the need of factual reporting. Awkwardly remembering how expressions like “good to see you” and “short and sweet” were misconstrued in published accounts about him, he voiced disappointment.

But he insisted he didn’t have anything against the press.

He also emphasised the importance of political stability in bringing about general peace and quiet in the country.

As this could be his last address as chief justice, Chief Justice Bandial delivered a quick summary of the court’s performance.

Despite the difficulties, he praised the Supreme Court’s successes, pointing out that in the last year it had resolved a record-breaking 23,000 cases, up from 18,000 the year before.

I stayed in the office for an extra thirteen to sixteen hours a day. With the advent of video conferencing, he said, “50% of cases will be reduced by alternative means of dispute resolution.”

Nonetheless, he conceded that more effort was required because a sizable backlog persisted despite the fact that just 2,000 cases had been resolved despite the goal of 50,000.

When asked about the impediments to the Supreme Court’s expected progress, he highlighted that nobody opposed having elections within the minimum 90 days, but political animosity and legal difficulties did.

He also addressed the debate around the 4-3 and 3-2 decisions, explaining that there was no split among the judges on the constitutional requirement to hold general elections within 90 days.

He said that only one suo moto notice had been issued in the previous nine months and that he hoped his successor, CJP-designate Qazi Faez Isa, would create a more effective procedure for issuing such notices.

When there is political stability in the country, all institutions, including the judiciary, would flourish, he said.

Chief Justice Bandial also brought up the difficulty of spending dam money, which was left to him by his predecessors. He disclosed that the Supreme Court is overseeing the investment of Rs18.6 billion in government securities.

However, he did note that tangible efforts must first be made in order to put these money to their proper use. He also responded to concerns raised about the costs associated with running a court and judicial branch. The Court has already given over 13% of its budget to the National Treasury in an effort to promote austerity.

The top justice also praised the advancement of women in the judiciary, noting how this has strengthened the court.

Chief Justice Bandial stated he had not yet given any thought to or made any decision regarding a farewell full-court reference when asked about it.

Later, however, CJP-designate Faiz Isa told the press that they have yet to hear anything about the entire court reference. The top justice had intimated in his statement that it might be his last, which he also mentioned.

To show respect for retiring justices, the Supreme Court typically convenes a full court reference.

The attorney general has also voiced worry about the rising backlog of cases.

He advocated that matters involving ordinary individuals be heard and decided quickly by the Supreme Court in accordance with Article 185. He claimed that average criminals’ cases are sometimes slowed down because of the priority given to those involving politicians and celebrities under clause 3 of Article 184.

To retire on September 16, 2023, Justice Bandial will have been on the bench since his appointment in February 2022. In the midst of a political crisis that has captured the attention of the media and cast doubt on the outcome of the next general elections, the Supreme Court has been mired in controversy this year.

As CJP Bandial begins his final week in office, the Supreme Court has a backlog of political and constitutional cases that need to be decided.

During his time in office, the highest court has been accused of showing “undue favours” to the minority Pakistan Tehreek-e-Insaf party. This accusation has come primarily from the Pakistan Muslim League-Nawaz (PML-N).

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