Won’t accept extension, says CJP

ISLAMABAD: Chief Justice Qazi Faez Isa Monday dispelled an impression about continuing his office for the country’s top court, but confirmed a meeting of Law Minister Azam Nazir Tarar and the attorney general for Pakistan (AGP) with him on the issue.

During an informal chat with the beat reporters of Supreme Court after conclusion of new judicial year of the apex court, the chief justice, while answering a question regarding extension in his tenure, said, in fact, Federal Law Minister Azam Nazir Tarar and Attorney General Mansoor Usman Awan told him about the amendment, being made for extending the tenure of all chief justices of the Supreme Court. He, however, said he told the law minister and the attorney general that they might make legislation for others but he would not get extension. “Even, I don’t know whether I will be alive tomorrow or not,” the CJP said he had told the law minister.

Regarding increase in the strength of Supreme Court judges, Qazi Faez Isa said he was not aware about that, adding that Farooq H Naek, member of the Parliament, could be asked in that regard.

Replying to another question about a statement of Rana Sanaullah, special assistant to prime minister on political affairs, the CJP said that call Rana Sanaullah in front of him, as he was not present in the meeting mentioned above.

When asked as to why a case regarding a letter written by six judges of the Islamabad High Court (IHC) was not fixed for hearing yet, the CJP replied that the committee constituted under the Supreme Court (Practice and Procedure) Act 2023 is required to fix the case for hearing. He said Justice Musarat Hilali was not well and she could not attend the bench; that was why the case was not fixed for hearing.

Earlier, the CJP, while addressing the full court, said the first task was to convene the full court as they were not together for four years. He said they decided that cases related to public interest would be broadcast live, so that people could watch live proceedings of the court. “We wanted that the public could better decide as to whether we are transparent or not,” he added.

The CJP remarked that some senior journalists were sitting there, adding that when a case was not scheduled for hearing, they say that the chief justice was not allowing the case to be scheduled for hearing. He said after the Supreme Court (Practice and Procedure) Act, 2023 promulgated, a three-member committee constituted benches for hearing cases. “So, one has to speak the truth and communicate truth to the public as you have some responsibility,” the CJP remarked, adding that the second thing he did after becoming the chief justice was to send back people who had been appointed to the apex court on deputation. He said the law did not allow those employees on deputation to stay beyond their terms.

In order to make some savings, the CJP said seven acres of land was given in Karachi for building the SC Registry there and Rs6 billion were also allocated for the purpose. He said he returned the land to the federal government but on the condition that the land should be utilised for constructing federal courts such as Income Tribunal, Customs Tribunal, etc. as these courts are located in rented buildings where its records are not safe.

Qazi Faez Isa said before his appointment as the chief Justice of Pakistan, the SC employees were given three extra gross salaries in a year; however, he said he reduced it to one basic salary.

The CJP said the salaries of the SC employees were the highest, but with the savings they bought computers, motorcycles for dispatch riders and bought two electric vehicles because today there was a lot of talk about saving fuel.

Likewise, the CJP said his office did not a 3,000 Mercedes Benz, as he had returned the luxurious vehicle to the government, besides a bulletproof Land Cruiser, which was at the Lahore registry. “I have asked the government to sell these vehicles and buy buses for the public,” the CJP said.

The CJP said earlier, people could determine the decision of the court after constitution of benches for hearing cases, but now even he did not know about the decision of judges, sitting on his right and left. In this respect, the CJP asked lawyers to examine if they still could get any clue in view of a bench constituted for a case. “If [they could] not, then [they should] acknowledge that transparency has come [compared with the past],” the CJP said.

The CJP also highlighted the judiciary’s effort for reviewing laws enacted by the Parliament, adding that the full court upheld a law that redistributed powers within the judiciary, ensuring that no single individual, including the chief justice, holds more powers.

The CJP said that it was a job of the Parliament to make legislation, adding that if any legislation was repugnant to fundamental rights of citizen, it was annulled.

The chief justice recalled that when general elections were not being held during the caretaker government, and when the matter was brought before them, they resolved the issue of date for elections without overstepping anyone’s authority and issued clear directions that no obstacle should be made in holding of elections.

“However, the troublemakers put the problem and then a decision came from the Lahore High Court in which a notification of the ROs was suspended,” the CJP recalled and added that they made the decision out of the way so that the elections could be held on time.

The CJP said one could criticise their decisions but no one had the right to abuse judges. Referring to accountability of judges, he said for the first time in Pakistan’s history, a judge of the Supreme Court had been removed by the Supreme Judicial Council (SJC) for committing a misconduct and as per desire of the said judge his case was heard in open court.

Similarly, the CJP said as a judge of Islamabad High Court was removed, adding that they did not restore the judge but declared him as a retired judge.

The chief justice said various allegations are levelled against judges of the apex court and they cannot respond to the allegations. Hence, the CJP said they made an amendment to Section 5 of the Supreme Judicial Council whereby judges would be able to respond to the allegations.

Qazi Faez Isa recalled that some mistakes were made by the apex court in the past, as a reference regarding former prime minister Zulfikar Ali Bhutto was not heard by the apex court for 10 years; however, they heard the case and held that Bhutto did not get fair trial.

He said the apex court decided the case filed against former military dictator General Pervez Musharraf under Article 6 of the Constitution and awarded sentence, adding that the Lahore High Court had no jurisdiction to set aside the conviction of former president.

Regarding the issue of cases backlog, the CJP said he announced formation of a case management committee, led by Justice Mansoor and Justice Muneeb Akhtar, to streamline the process further. He said Justice Mansoor Ali Shah had submitted his report, while the one by Justice Muneeb Akhtar was awaited.

Senior SC judges Justice Mansoor Ali Shah and Justice Muneeb Akhtar, however, could not attend the new judicial year ceremony.

Justice Mansoor, currently in the United States, missed the session due to his participation in seminars on legal issues, and he is expected to return on Sept 12, and he will resume hearing cases from Sept 16.

However not was announced about the absence of Justice Muneeb Akhtar from the ceremony. Justice Mazhar Alam Miankhel also could not attend the ceremony due to the death of his nephew, whereas members of the Supreme Court Shariat Appellate bench including Qibla Ayaz and Dr Justice Khalid Masood were present at the full court new judicial year ceremony.

Addressing the ceremony, AGP Mansoor Usman Awan stressed the need for early dispensation of justice both in criminal and civil cases pending before the court. He said at present pendency of cases in the apex court crossed 60,000; therefore, special attention should be paid to disposal of cases.

Senior lawyer and Vice Chairman Executive Committee of Pakistan Bar Council Farooq H Naek told the ceremony that in the past cases were registered against politicians in the apex court for conducting contempt proceedings. He suggested the full court that in order to make changes to the procedure of appointment of judges to superior judiciary, all stakeholders must be consulted.

He said a time-frame should be made for deciding references, complaints pending with the Supreme Judicial Council against judges of the superior courts besides constituting a committee for reviewing and examining performance of high court judges as well as subordinate judiciary. He requested the chief justice to bring about reforms in the Law and Justice Commission besides suggesting for using the suo moto jurisdiction under Article 184(3) of the Constitution with more caution. He said that there was dire need for bringing reforms also in Contempt of Court Ordinance as well.

Meanwhile, addressing the ceremony, President Supreme Court Bar Association (SCBA) Shahzad Shaukat said video link facility of the Supreme Court should be extended to all SC registries and benches of high courts.

He said that there were 25 seats of judges vacant in Lahore High Court, which should be filled at the earliest so that the pendency of cases could be resolved at the earliest. He said that priorities must be given for making amendments to the Rules of Judicial Commission of Pakistan for appointment of judges to the superior judiciary.