CJP urges people to refrain from pointing fingers at judges

• CJP Justice Umar Ata Bandial says he constitutes all benches himself.
• Urges people to refrain from pointing fingers at and blaming judges.
• PBC vice-chairman claims that parties are not given a "fair chance" to be heard in Supreme Court. 

ISLAMABAD: Reacting to the speech of the Pakistan Bar Council (PBC) Vice Chairman Hafeez-Ur-Rehman Chaudhry, Chief Justice of Pakistan Umar Ata Bandial asked on Friday the lawyer to not use harsh words for his office's registrar as he rebuked allegations against judges.

Addressing a full-court reference summoned on the occasion of Justice Qazi Muhammad Amin's retirement, he said: "My registrar has a 20-year-long academic career, stop abusing him.”

The CJP said he constitutes all the benches himself as he asked people to refrain from pointing fingers at and blaming judges.

He asked the people present on the occasion to pinpoint to the person with whom they had issues — and refrain from giving a general perception.

The CJP's strong reaction came after the PBC vice-chairman criticised the judiciary during the same ceremony before the chief justice spoke.

"The statement of Pakistan Bar's vice chairman that judges are paid employees was uncalled for and unfair," the chief justice said, adding: "Blaming judges is unfair and inappropriate."

The chief justice said some people did not wish to speak to him directly and preferred making headlines.

Two days back, Justice Qazi Faez Isa had issued a letter to the CJP, saying that he was "perplexed" over Justice of Bandial's decision to hear the presidential reference for the interpretation of Article 63A together with the Supreme Court Bar Association's (SCBA) petition over the no-confidence motion.

The CJP said he does not prefer to use harsh words, but noted that a judge's patience to bear the pressure of internal and external factors was crucial in decision making.

He also stressed that the appointment of judges was based on merit and that he had never made a decision under pressure from anyone. "I also constitute the benches."

In Justice Isa's three-page letter to the top judge, dated March 22, he also questioned multiple legal aspects along with the formation of a larger bench "without the inclusion of senior-most judges".

CJP bandial further added that he is a guest and he too will have to leave in a "few days".

He said that the judges cannot respond to the allegations levelled against them, while no judge can be targeted without evidence against them.

The chief justice said that the method for the appointment of judges is being worked out through consensus.

"The matters should remain within the home. There is no need to speak about the institution outside it," CJP Bandial said.

Speaking about the appointment of the registrar, the CJ said that one of the best officials was appointed.

"What do you want [...] should I do the administrative work as well," he asked. He further stated that no request for an extension was made in court no 1.

SCBA backs Faez Isa's concerns

For his part, Supreme Court Bar Association (SCBA) President Ahsan Bhoon said the criteria for the appointment of judges should be made clear.

"Eligible lawyers should be appointed as judges," the SCBA president said.

Speaking further about the judiciary, Bhoon said Justice Isa's letter to the top judge gave a perception that there was a divide in the top judiciary.

"I hope that chief justice will clear the perception in this regard [...] Justice Isa has also raised objections of officers being appointed to the judiciary, and we back him," the SCBA president said.

PBC alleges SC judges of not giving a "fair chance"

The PBC vice-chairman during his speech said that parties and stakeholders are not given a "fair chance" to be heard in the Supreme Court. 

“Dates for cases are not fixed in Supreme Court for many years they become ineffective because of the delay,” he said, adding that the higher court of Pakistan should give such verdicts which would uphold the supremacy of the constitution.

Justice Ayesha Malik's appointment is a 'historic step'

Justice Amin, while making the farewell speech at the full-court reference said that the appointment of Justice Ayesha Malik is a historic step.

"Seven decades passed in understanding that gender is not an obstacle in appointments for the higher courts," Justice Amin said.

He said that his wife and entire family supported him in all good or bad times. 

He thanked all the judges, attorney-general and bar representatives for remembering him with good words. He also thanked the rest of the judicial staff members.

Justice Qazi Muhammad Amin’s profile

Justice Amin became a judge of the Supreme Court in 2019; he remained an expert judge for a criminal matter. He was also an expert in civil cases.

Attorney-General Khalid Jawed Khan said that during his career, Amin emphasised equal rights of women and his daughter is also in police services.

He recalled that the retired judge gave a historic verdict in the case of women recruitment in boys' schools