SCBA supports extension to Constitutional Bench

ISLAMABAD: Supreme Court Bar Association of Pakistan (SCBA) President Mian Muhammad Rauf Atta has strongly condemned the statement issued by representatives of the All Pakistan Lawyers Action Committee and refuted its allegations regarding the meeting of the Judicial Commission of Pakistan (JCP) that took place on December 21, 2024.

In a written statement issued here on Thursday, he said the SCBA commends and appreciates the JCP proceedings which lasted over eight hours and included extensive discussions that resulted in the extension of Constitutional Benches for an additional six months.

“We reiterate our full support and confidence in the esteemed members of the JCP, its chairman, and the head of the Constitutional Bench .”

The JCP comprises equal representation from key stakeholders, including the judiciary and the legislature. Thus, to doubt their expertise without substantial evidence for petty political gain is unacceptable, he said, adding: “We emphasise that the introduction of the 26th Constitutional Amendment has secured the independence of the judiciary, and the formation of Constitutional Benches has significantly reduced the backlog in the Supreme Court, facilitating faster and more effective justice for the public.

“The statement from the representatives of the so-called committee deserves strong condemnation, as it is both unfounded and reprehensible. Their actions are nothing less than a motivated political campaign aimed to sabotage and politicise the fair and transparent proceedings of the JCP and a failed effort to discredit its esteemed members and the honourable chairman.

“Such factions have a history of tarnishing their institutions. Their attempts to bring disrepute to our own prestigious institutions related to the judiciary, along with hindering the public's access to efficient justice, are deplorable. This divisive behaviour within the legal fraternity is unacceptable.

“We call on the Pakistan Bar Council to take serious notice of the statements issued by these unelected representatives and enforce strict disciplinary action against them. Let it be clear that attempts to undermine our institutions, especially those related to the judiciary, will not be tolerated.

“Such actions for petty political gains must be addressed decisively to prevent further division. We want to make it abundantly clear that the authority to initiate any campaign from any forum of the legal fraternity rests with the elected representatives, not with unelected person(s).

“We fully support the supremacy of the Parliament, with the 26th Constitutional Amendment as an integral part of the Constitution, along with all lawful and constitutional developments that follow,” concluded the statement.

Earlier, the All-Pakistan Lawyers Action Committee for the Restoration of Constitutional Rule and the Independence of the Judiciary criticised the extension and composition of the Constitutional Bench of the Supreme Court, what it termed, orchestrated by the executive-dominated JCP.

In a statement issued here, Coordinator of the Committee Sardar Shahbaz Ali Khosa advocate said that the extension and composition of the Constitutional Bench by the JCP had undermined judicial independence, jeopardising the sanctity of the judiciary and the rule of law.

The committee, however, commended Justice Jamal Khan Mandokhail for aligning with Chief Justice Yahya Afridi, Justice Mansoor Ali Shah, and Justice Munib Akhtar in emphasising that all judges of the Supreme Court should be part of the Constitutional Bench.

The committee expected Chief Justice Yahya Afridi would ensure that petitions challenging the 26th Amendment are heard by a Full Court comprising all Supreme Court judges adding that this step is critical to preserving the institution’s credibility and independence.

The committee also demanded the suspension of proceedings before the current Constitutional Bench until the legality and constitutionality of the 26th Amendment are adjudicated by a Full Court.

Senior lawyers and SCBA former presidents, including Hmaid Khan, Qazi Muhammad Anwar, Abid S Zubairi, Ali Ahmed Kurd, Munir A Malik and Amanullah Kanrani, endorsed the statement of the committee.