ISLAMABAD : March 31,2023: Tug of war between the federal government and Chief Justice of Pakistan (CJP) on Friday took an ugly turn here when the latter again reconstituted the bench of three judges after refusal of another member of the bench , Justice Jamal Mandukhel, from hearing the case of delay in the elections of the Punjab and Khyber Pukhtunkhaw (KPK).
Giving highly venomous remarks during the hearing , CJP deplored that those who were in the jail some times ago were accusing the Supreme Court of Pakistan (SCP) of creating political instability in the country in their speeches delivered in the parliament . CJP’ s reference was clearly directed towards prime minister , Shahbaz Sharif , who had addressed the parliament a couple of days ago and blamed that superior judiciary’s decisions were responsible of creating politicial mess in the country.
Shahbaz Sharif had been jailed some times ago in money laundering case and CJP referred him in his remarks given during the hearing of the case on Friday.
CJP’s remarks which indirectly show his venom against the prime minister got furious reaction from the Pakistan Muslim League Nawaz PML(N) supermo , Mian Nawaz Sharif , who issued a statement from London soon after CJP’s clearly biting and venomous remarks to ditch the prime minister .
In his statement , Nawaz Sharif held SCP’s decision of his ouster from power responsible of Pakistan’s current economic and political meltdown . He warned that it was high time to protect the nation and Pakistan from such man specific decisions. He claimed that the bench reconstituted for the second time by CJP despite staying of two judges away from it indicates bad intention enfolded with the on-going hearing in the case .
Meanwhile , Interior minister , Rana Sanaullah , has said the government does not accept the present three member bench and how come it could accept its judgement.
Tug of war between the government and CJP may end up at some ugly scene in the next couple of days. The only way to avert a head on between the government and CJP is that the latter abstains himself from going ahead with his present rigid behaviour to hear the case at any cost and form a full court to hear the case .
Keeping in view the behaviour of CJP in this case , there is very little possibility that CJP stops himself from taking any controversial decision in the case that with no ambiguity will result in pushing Pakistan into even more serious constitutional and administrative crisis in coming days.
Earlier , on March 30,2023 reported: Amid the opposition protest , Senate passed the bill for reforms in judiciary on Thursday.
The opposition called the bill for judicial reforms as politically motivated and lodged strong protest to it in the upper house.
However, the treasury benches managed to get the bill in question passed with a majority vote.
The National Assembly had passed the bill the day before on Wednesday.
After passing the bill on judicial reforms by both the houses of the parliament , the bill will be sent to the president of Pakistan for his wetting.
Once the bill is signed by the president of Pakistan it will translate into an Act of the law.
With becoming the bill in question effective , the powers of the chief justice of Pakistan for taking suo moto actions under article 184 (3) and constitution of the benches at will ,will come to an end. These powers after the effectiveness of the bill will rest on a committee of three top judges of the Supreme Court of Pakistan (SCP).
Meanwhile , justice Amin Khan had declined to become part of a larger bench headed by Chief Justice of Pakistan (CJP) , Umar Atta Bandial, which is hearing the case of delay in holding general elections in the Punjab and Khyber Pukhtunkhaw (KPK).
Justice Amin Khan quoted the decision of three member bench to which he was a member which on Wednesday decided that all cases of suo moto will not be fixed till the bill of judicial reforms becomes effective.
The SCP, however , overruled the observation of Justice Amin Khan and reconstituted the bench of four judges which will take up the case of the delay in holding general elections in the Punjab and KPK.
SCP issued a note on Thursday wherein it noted that it was the authority of the CJP to constitute the bench in any case and under the same authority CJP has reconstituted the bench of four judges to resume hearing of the case of delay in holding elections in the Punjab and KPK at 10 AM on Friday.