Political issues have polluted the environment of the court: Chief Justice of Pakistan

During the hearing of petitions filed against the Supreme Court Practice and Procedure Act, the Chief Justice said that 'Political matters have polluted the environment of the court, political people want arbitrary decisions not justice.'

The court was told by the petitioner's lawyer Tariq Rahim that the Judicial Reforms Bill has become part of the law (Independent Urdu).

The petitions filed against the Supreme Court Practice and Procedure Act were heard on Tuesday by an eight-member larger bench headed by Chief Justice Umar Atta Bandial.

During the hearing, Chief Justice Umar Atta Bandial remarked that complaints keep coming against the judges, complaints keep coming against most judges of the Supreme Court including me , political matters have polluted the environment of the court, political people do not obey justice. Likes want decisions.'

The Chief Justice said that 'independence of judiciary is a fundamental right, this case is unique regarding the independence of judiciary, this is the first law of its kind in Pakistan, this is the law about the third pillar of the state, the legislative There are also some limitations and restrictions on the federal list of authority.

The court asked for written response from all the parties and said that the parties are expected to have a serious discussion on the case. A larger bench will have to provide excellent support. The court sought the record of the parliamentary proceedings on the Supreme Court Rules and Procedure Bill, and also sought the record of the discussion in the Standing Committee.

At the beginning of the hearing, petitioner's counsel Imtiaz Siddiqui and Attorney General Mansoor Usman Awan also came to the rostrum while Barrister Salahuddin on behalf of PML-N and PPP appointed Farooq H. Naik as counsel on behalf of Pakistan Bar Council. Hasan Raza Pasha appeared in court.

The court was told by the petitioner's lawyer Tariq Rahim that the Judicial Reforms Bill has become part of the law.

The Chief Justice said that the previous order was of an interim nature. Democracy is one of the important features of the constitution, independent judiciary and federation are also important features of the constitution, but it is to be seen whether the component of the judiciary can be changed? The Chief Justice said to review Section 55 of the Federal Legislative List, the fact cannot be changed that an independent judiciary is a fundamental part of the Constitution, it is alleged that for the first time in the history of the country, the fundamental part of the Constitution has been violated through legislation. Gone.'

Chairman Pakistan Bar Council Hasan Raza Pasha told the court that 'Pakistan Bar has always fought for the constitution and judiciary, it will be appropriate if a full court is formed in this case, seven senior judges are included in the bench, then there is no objection. Will not be able to, six references have been filed against one member of the bench. The Pakistan Bar Council also requested Justice Mazahir Naqvi to be removed from the bench.

On this, the Chief Justice said that it is the authority of the Chief Justice to make seven senior judges and a full court . In the case of Iftikhar Chaudhry, only the president can file a reference in the court, a reference against a judge cannot stop him from working. A judge cannot be stopped from working until the opinion of the Supreme Judicial Council comes. The court also gave the same decision in Justice Qazi Faiz Isa's case.

The Chief Justice further said that in the election case, there was a demand to remove some judges and form a full court. The decision of the judges of the Supreme Court is the decision of the court. '

The Chief Justice addressed the Chairman Pakistan Bar and said, 'Pasha Sahib, you are a sophisticated man, let him know from those around you who your people call Full Court. The Supreme Court Bar has to protect the institution. Judges have to come and go.' By saying this, the Chief Justice rejected the request to form a full court, besides, the request to withdraw the order of the Attorney General was also rejected and said that what is the law and why was it created?

The Attorney General requested the court that 'the court should consider increasing the bench', on this the Chief Justice said that the number of the bench can also be reduced. The Supreme Court adjourned the hearing by seeking a response from the political parties and lawyers' organizations till May 8.

While related to this, Information Minister Maryam Aurangzeb stated on Tuesday that 'transparent and fair system has been given by the legislation, Parliament will go to the last extent to protect its constitutional powers. Parliament has the right to fully protect and defend its constitutional rights. No one can take away the constitutional power of Parliament to legislate. Judiciary 's authority is to interpret the constitution and law. Constitution 'Re. It is not the power of the Judiciary to 'right' or to restrict the legislative power. Parliament has enacted the legislation on the long-standing demand of the lawyers' fraternity, bar councils and associations.

Context of Powers Bill 184/3

The bill was initially passed by both houses of Parliament and sent to the President for assent, but the President sent it back saying that the proposed law was 'beyond the competence of Parliament'. The bill was later approved by a joint session of Parliament on April 10 after some amendments - however, on April 13, three days after the bill was approved by the joint session of Parliament, the court struck down the law on reducing the powers of the Chief Justice ( Supreme (Court Practice and Procedure Bill, 2023) and in a written order said that the bill will not be implemented whether the President signs it or not.

On April 19, President Dr. Arif Alvi once again refused to approve the bill and sent it back to Parliament, after which it technically became an Act of Parliament on April 21.

Judge to account for his history: Khawaja Asif

The Defense Minister said that a special committee should be formed in which the decisions against Zulfikar Ali Bhutto, Yusuf Raza Gilani and Nawaz Sharif should be taken into account.

Leader of Muslim League-N and Federal Minister for Defense Khawaja Asif while speaking in the National Assembly on Tuesday said that judges should give an account of their history.

He said that we should be given an account of the history of the judiciary. A special committee should be formed, the execution of Zulfikar Ali Bhutto, the dismissal of Yusuf Raza Gilani and the dismissal of Nawaz Sharif, the suspension of the constitution should be taken into account by the judiciary. Give this account of your trials.'

He said that 'will those people who gave General Musharraf the authority to amend the constitution be held accountable? What will that institution do to clean up its past? We confess our crimes.

"We too have supported dictators and paid the price, they didn't."

He said that we have given a lot of calculations, we should also be given an account. The people have their hands on our necks, they demand an account from us.'

The Minister of Defense said that 'Our front organization has asked us for the proceedings of a date. Give it a hundred times, not once, we come from the votes of the people, none of our actions are secret.

He said that the person elected by popular vote has nothing to hide, the proceedings of the House are shown on TV, my speech is being broadcast live, but the court proceedings are not broadcast, we respect the Supreme Court. The minutes of the proceedings of the Parliament should be given to the Supreme Court, but the Speaker of the National Assembly should also request the records of the court proceedings from the Supreme Court.

'Sure give. But the same Supreme Court said that two judges have resigned. Can we get this process that those who were told that they have given up, and then they were made to sit and make a three-two decision.'

Khawaja Asif said about the Supreme Court that this institution is trying to ensure that the time of the assemblies is not fulfilled. He says that elections should be held on such and such a date.

'15 men are fighting each other in the Supreme Court, we have been told to negotiate. We are negotiating, this is a violation. Let them first negotiate themselves, then give us instructions. It is not the function of the Supreme Court to issue directions. It is not written in the constitution.

He said that it is our duty to become a wall in front of facilitation. The practice of taking the necks of prime ministers should end.

Traffic does not stop for ministers, it stops for them.

He said that this is our privilege. If war is to be fought, war will be fought. Parliament will not surrender. A cat will not attack its Prime Minister.

"Our salary is 161,000, just ask them what their salary is, pension, life guard, vehicles, plots." He said, "We apologize to everyone for our past mistakes." Let them apologize too.'

In his reaction to Khawaja Asif's speech, Sheikh Rasheed Ahmed, the head of Pakistan Tehreek-e-Insaf's ally Awami Muslim League, said that 'the negotiations will end tonight.'

Talking to a private TV channel, he said, 'How can I say the sentence that has been said about the judiciary? This war has begun, this war has to reach its end. The judiciary will win, the constitution will win.'