ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial Wednesday took a suo motu notice on the perceived apprehension of "persons in authority" undermining the criminal justice system.
In a press release, the apex court said the CJP took the notice of perceived interference in the "independence of the prosecution branch in the performance of its powers and duties for the investigation and prosecution of pending criminal matters involving persons in authority in the government".
The chief justice took notice of the perceived interference on the recommendations of a judge belonging to the Supreme Court of Pakistan, the statement said. The court, expressing worries, said that such perceived interferences may influence the prosecution of cases, tampering, disappearing of evidence in courts or in possession of prosecuting agencies, and transfer and postings of officers on key posts.
"Such actions, along with media reports to modify accountability laws, are likely to undermine the functioning of the criminal justice system in the country and that tantamounts to violation of fundamental rights affecting the society as a whole and eroding the confidence of the people in the rule of law and constitutionalism in the country," the statement said.
Taking notice of the matter, the chief justice has fixed the matter for today (Thursday) at 01:00 pm before a five-member larger bench to be headed by himself. The SC did not disclose the names of the members.
The chief justice has constituted a five-member bench to hear the case.Besides Chief Justice Bandial, the bench comprises Justice Ijaz ul Ahsen, victory. Following the suo motu notice, Fawad through a tweet said: “Congratulations to the people of Pakistan on another great victory.”
Fawad Chaudhry tweeted that Supreme Court takes notice of government interference in independent investigation. He said the move by the chief justice is a major step towards the rule of law.
While Interior Minister Rana Sanaullah Khan, in the Geo News Programme Aaj Shahzeb Khanzada Kay Sath, said that if it was correct that suo motu notice was taken on the basis of impression, then it would be disastrous for the reputation of the Supreme Court.
Rana Sanaullah said that the PTI government and Imran Khan were engrossed in revenge against us and posted those who framed false and fabricated cases. "Shouldn't those who have been retaliated for political revenge be removed and shouldn't those made false cases transferred,” he asked.
He said will cases based on false investigation and prosecution be considered right before they are decided. He said Shahzad Akbar and his close associates made false cases and there are people in narcotics department who falsely put 15 kilos of heroin against him. "Those who make false allegations in narcotics are still sitting, shouldn't they be removed?" he asked. He alleged the judge who granted him bail was transferred through WhatsApp. "Has anyone taken suo motu of this WhatsApp up till now," he asked.
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