It appears that Chief Justice of Pakistan Umar Ata Bandial is in a hurry to wind up public hobby cases that have been initiated by way of his predecessors – Mian Saqib Nisar and Gulzar Ahmed – earlier than he retires on September sixteen, 2023.
Despite robust public complaint, the former leader justices had invoked suo motu jurisdiction in several subjects, pending selections.
It appears that the incumbent chief justice wants to do away with all of the cases that come below the preview of Article 184(three) of the Constitution.
He remarked that the Supreme Court wanted to do away with all pending public hobby cases even after the enactment of the Supreme Court (Practice and Procedure) Act, 2023. Interestingly, the identical regulation, which regulates the CJP’s discretionary powers, has already been suspended through a larger SC bench.
So far, the apex courtroom has constant former PTV managing director Ataul Haq Qasmi’s elimination case, suo motu depend related to Covid, civil society’s petition seeking hints to the Supreme Judicial Council (SJC) regarding starting up misconduct proceedings in opposition to advanced court docket judges, suo motu rely approximately cutting of trees on Margalla Hills, etc.Last week, Jamaat-e-Islami’s (JI) petition searching for an inquiry against all people whose names had been revealed inside the Panama leaks changed into constant for listening to.
Interestingly, for the first time, such public hobby remember became fixed earlier than Justice Sardar Tariq Masood’s bench.
Justice Tariq’s observations recommend that the put up-Panama jurisprudence in public interest matters may be in chance after the retirement of the incumbent leader justice.
Except this situation, CJP Bandial has continued his policy regarding fixation of public interest cases before ‘like-minded’ judges. The reason might be that they had been part of the benches which had initiated the subjects when you consider that former Saqib Nisar’s tenure from Dec 31, 2016 until Jan 17, 2019. Although divisions the various Supreme Court judges along ideological traces began because the days of former leader justice of Pakistan Saqib Nisar, judges’ jurisprudence in public interest topics of one unique mind-set stays dominant that’s likely to cease after Justice Qazi Faez Isa will don the robes because the chief justice of Pakistan in September.The leader justice of Pakistan has unfettered discretionary powers concerning formation of benches and fixation of instances. Justice Munib Akhtar continually emphasises in his judgements that the chief justice is the master when it comes to forming the roster.
Two former chief justices – Nisar and Gulzar – and the incumbent leader justice desired to consist of ‘like-minded’ judges in public interest cases. Now, the Supreme Court is busy finishing up those topics.
Senior attorneys consider the top courtroom will see a complete change with the taking of oath by means of the subsequent leader justice. They say that if the topics remain pending until start of the brand new CJP’s tenure, extreme questions may additionally enhance over the manner wherein public interest jurisdiction changed into invoked.
In order to keep away from any such controversy, there can be realisation to take away such cases, they delivered.
SC Judge Justice Athar Minallah believes that public hobby cases must be heard by using the overall courtroom. There is a want to adapt standards about the composition of the benches listening to the public interest instances.Former chief justice of Pakistan Asif Saeed Khosa had evolved a way of life that the senior-maximum SC judges would hear such matters, but his successor – Gulzar – discontinued that precedent.
Likewise, the incumbent chief justice also carried on with the coverage of select-and-choose inside the formation of benches. However, this precedent has seriously affected the moral authority of the apex court.