Efforts being made to divide the judiciary: Chief justice

ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial has lamented that efforts are being made from outside to divide the judiciary.

However, litle has been done to combat the atmosphere of mistrust among the Supreme Court judges.

Division within the Supreme Court - on the composition of benches, listing of cases and appointment of superior courts judges - has widened since February this year when the court invoked its suo motu jurisdiction and took notice of delay in announcement of polls in two provinces.

However, cracks appeared in the apex court when a full-court took up Justice Qazi Faez Isa’s petition against a presidential reference that accused him of hiding his family members’ foreign assets and sought his removal.

Bandial has not been able to end the perception so far that he only includes his “like-minded” judges in benches hearing political maters. Two senior most Supreme Court judges-including Justice Isa-have been continually ignored during formation of benches hearing sensitive cases.

A section of lawyers believes that instead of reacting, Justice Isa should wait for his turn-he is going to be elevated as the CJP in September this year-and then take steps for ensuring transparency in appointment of judges, composition of benches and listing of cases.

On March 30, Justice Isa in a judicial order held that hearings of all cases under Article 184 (3) be postponed until amendments in the SC rules about the constitution of special benches. However, Bandial discarded this judicial order through a notification by the Supreme Court registrar.

Subsequently, Justice Isa had asked the government to repatriate the services of the registrar. However Bandial formed a six-judge larger bench which set aside Justice Isa’s order.

Later, Bandial formed an eight-judge larger bench to review the Supreme Court (Practice and Procedure) Act 2023.

The CJP included “like-minded” judges in the bench, which suspended the law which sought to regulate the CJP’S discretionary powers about composition of benches and listing of cases.