The Supreme Court of Pakistan organised a banquet in honour of retiring Chief Justice Umar Ata Bandial, however the Pakistan Bar Council (PBC) did not attend because Bandial did not accept the full court recommendation.
In a note to CJP Bandial, PBC Vice Chairman Haroon-ur-Rashid outlined the council’s discussion of the virtues and shortcomings of the retiring chief justice’s reference.
He went on to say that the PBC will be skipping the judges’ banquet in CJP Bandial’s honour as a sign of protest over his refusal to hear the entire court reference.
The PBC representative mentioned that 60,000 cases were estimated to be pending at the Supreme Court.
He insisted that despite numerous reminders, no open mechanism for closing these open cases had been developed.
He was dissatisfied that, despite repeated requests, CJP Bandial had not met with the PBC executive.
The PBC representative lamented that the chief judge always declined their requests for meetings since he was in constant contact with the SCBA.
He continued, saying that the PBC, the most senior group of lawyers in the country, was disregarded.
He went on to say that the court ruled in contempt of court after the PBC argued its case in open court.
Rashid wished that the new CJP would give this issue its full focus. He promised the incoming CJP the unwavering backing of the PBC in his efforts to uphold and strengthen the judicial system.
He promised that the PBC would not ask to hear a matter in which it had an undisclosed stake.
The PBC representative encouraged the incoming CJP to refrain from making such statements at the outset of the proceedings of any case where the conclusion was already known.
He asked that the next chief justice hear arguments from both sides before rendering a decision on the appeal.
By reducing the size of the bench to a majority of just three or two, Rashid implied that the outgoing CJP had given his own choices.
He continued, saying the former CJP had created unprecedented controversy surrounding the country’s top court in order to satisfy his own ego.
According to Rashid, multiple violations of the judges’ code of conduct occurred during CJP Bandial’s tenure.
The CJP had made personal decisions about his family and himself, he said, in the audio leaks verdict.
The PBC official insisted that the new CJP discipline the judges who had broken the code of conduct in accordance with Article 209.
More than that, he said, the matter of the audio leaks needed to be resolved.
He said that CJP Bandial, in his role as head of the Supreme Court, had failed to generate a consensus among his colleagues.
He insisted that the Supreme Court (Practise and Procedure) Act of 2023 be fully enforced.
Rashid said that CJP Bandial had ordered elections to be held in Punjab on May 14, but that the court’s dignity had been insulted by the disregard given to a similar issue in Khyber-Pakhtunkhwa.
He pointed out that in Punjab, elections had not taken place on May 14 as was originally scheduled.
The PBC official predicted that CJP Bandial’s rulings will be remembered negatively in the annals of history.
He went on to say that the new Chief Justice-designate, Qazi Faez Isa, would be expected to address the judicial concerns that have been sitting unanswered for some time.
