Minister demands CJP Bandial’s resignation

ISLAMABAD: The coalition government Friday asked Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial to step down after the Supreme Court judge Athar Minallah’s hard-hitting note that the suo motu on the delay in holding polls in Khyber Pakhtunkhwa and Punjab was dismissed by 4-3. 

In her press conference, Minister for Information and Broadcasting Marriyum Aurangzeb said, “Chief justice has now become controversial. Therefore, he should resign.” The crisis persists as the demand comes a day after the National Assembly passed a resolution rejecting the three-member Supreme Court bench’s “minority” verdict on the Punjab elections and made it binding on Prime Minister Shehbaz Sharif and his cabinet not to implement the decision. Justice Minallah was among the judges who rejected the suo motu notice taken by the CJP on the delay in polls in KP and Punjab on the advice of an SC bench hearing the Ghulam Mehmood Dogar case. CJP Bandial had formed a nine-member bench to hear the suo motu case. However, two of the nine judges recused themselves from the case, while four — Justice Syed Mansoor Ali Shah, Justice Jamal Khan Mandokhail, Justice Yahya Afridi and Justice Minallah — had dismissed the case.

In the note, Justice Minallah reiterated that the “manner and mode” in which these proceedings were initiated had “unnecessarily” exposed the court to political controversies. Aside from eroding public confidence, the assumption of suo motu may “raise concerns in the mind of an informed outside observer,” he explained, adding that this would also prejudice the rights of litigants whose cases are pending.

The information minister said when the court’s proceedings become controversial and even the judges of the top court refused to accept the judgment — then how will the people accept the verdict.

“Justice Minallah neither separated nor recused himself from the bench,” Marriyum said citing the judge. “It is not a matter of elections but an issue of bench fixing,” she added.

“Justice Minallah’s note is a question mark,” she said.

Without naming PTI Chairman Imran Khan, the info minister said that it was not acceptable for them when a Constitution breacher is facilitated by the judiciary.

Berating the judiciary, Marriyum said that PTI leader Asad Umar was heard by the court but it refused to listen to 13 other political parties.

Referring to the SC’s verdict on elections in Punjab, she said: “You are interfering in the powers [jurisdiction] of parliament.” She added that parliament will decide about the elections, not Imran Khan.

The Article 63-A(1)(b) of the Constitution was rewritten to facilitate ‘ladla’ [Khan], the minister said, adding, “Controversial judges were included in the three-member bench.”

She said that no political party ever evades elections, but the polls should be held on the completion of constitutional tenure of the assemblies and at the same time across the country and should not be susceptible to the whims of any individual.

Meanwhile, Pakistan Muslim League Nawaz (PMLN) Chief Executive and Senior Vice President Maryam Nawaz again criticised the Chief Justice of Pakistan and reiterated her demand of chief judge’s resignation. Taking to Twitter, Maryam Nawaz wrote that the Chief Justice Bandial is tilted towards Pakistan Tehreek-e-Insaf (PTI). She stated that no CJP has been accused of such misconduct, therefore, the Chief Justice must resign.

Maryam tweeted, “No CJ has ever been accused of such misconduct. His tilt towards PTI is glaring. CJP Bandiyal must RESIGN.”

In another tweet, she stated that the CJP committed violation of Constitution in giving favors to PTI and Imran Khan. She added that no chief justice had to face these kinds of allegations in the past.

She stated, “CJP Umar Ata Bandial has committed flagrant violations of law & constitution to favour IK/PTI. This blatant abuse of authority has led to an unprecedented revolt-like situation in the SC of Pak. Judges of impeccable repute have raised serious questions on CJP’s conduct & bias.”

Meanwhile, Pakistan Muslim League Nawaz (PMLN) Quaid Nawaz Sharif demanded the Chief Justice of Pakistan (CJP) to immediately resign ‘instead of bringing more disasters’.

In a Twitter message, Nawaz Sharif said that courts usually bring nations out of crises instead of pushing them into more turmoils. “I don’t know what kind of authority is used by CJP to impose a minority decision on the majority decision [of the Supreme Court].” Meanwhile, Pakistan Peoples Party (PPP) Chairman and Foreign Minister Bilawal Bhutto Zardari said on Friday that with Justice Minallah’s note, there are four Justices on record and it is clear the Chief Justice ‘s opinion is the minority judgment. “The Chief Justice of Pakistan (CJP) and Supreme Court must act immediately to undo this unconstitutional bench fixing. This is only way the dignity of the supreme court can be resorted, “ he said in a tweet from his twitter account on Friday. Bilawal Bhutto Zardari said the 3-member decision is not worth the paper it is written on. “If the CJP cannot get his court in order and correct this mockery of justice, then perhaps he should allow someone else to take the responsibility of Chief Justice Pakistan,” he tweeted. Meanwhile, Awami National Party’s Khyber Pakhtunkhwa chief Aimal Wali Khan on Friday demanded the Chief Justice of Pakistan resign from his office.

If the resignation did not come, Aimal warned in his tweet, “Be ready after Eid. We are coming to Islamabad and then masses would take resignation from you. We have already fought for judiciary’s independence, democracy, and supremecy of the constitution and Parliament. Now we will campaign for judiciary’s real independence.”