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Photo Source: Dawn

Pakistan Reader# 575, 4 April 2023

Pakistan’s Judicial Crisis



The War of words between institutions

Femy Francis

On 3 April, Justice Qazi Faez Isa's letter to CJP and AG urged the removal of the registrar Ishrat Ali stating, “prevent him from further damaging the reputation and integrity of the Supreme Court.” Judge Isa demanded a disciplinary proceeding against Ali in violation of the constitution. Justice Isa expressed astonishment over the circular sent by Registrar Ishrat Ali asking to negate and disobey the 29 March court order. Judge Isa argued that the registrar has no jurisdiction to disallow a court order and the CJP cannot issue administrative directions to aid the circular. Additionally, he iterated that the registrar should withdraw the circular and inform the receivers of the document. The above act demonstrated the lack of conduct and requisite competency needed to hold the office of the registrar expressed by Judge Isa.
 
Put “Own house in order,” Shehbaz Sharif tells CJP
On 3 April, PM Shehbaz Sharif addressing the National Assembly criticised the three-member bench proceeding are “aga­inst the principles of justice.” He expressed unfavourable opinions on the SC court's decision regarding the case of the delayed polls. Shehbaz Sharif commented that CJP needs to first put his “own house in order” before asking political parties to sit together. He accused CJP of “constantly ignoring demands” by the coalition for a full court bench and that if the court mandate acceptable based on a petition, already refuted by the majority of the judges. Shehbaz Sharif responded to the jibe CJP made about the current parliamentarians being previously detained. He said, “I want to ask [the CJP]. What message do you want to send to the nation by allowing a judge facing serious allegations to sit with you?” He reiterated that the government has never issued the word “boycott” to the court when asked to submit it in writing by Umar Ata Bandial rather, they expressed a lack of confidence in the bench.
 
CJP inquiring about election delay 
On 4 April, CJP Umar Ata Bandial inquired with AG Mansoor Usman Awan as to why the current government wanted to choose their judges. CJP was heading the three-member bench hearing PTI’s petition against the delay in holding polls. In clarification, AG submitted the six reasons highlighted by the ECP for the delayed polls. Furthermore, he questioned how could ECP change the election date as they previously stressed that only the court was authorised to issue a date and their responsibility lay in conducting those orders.
 
Full court verdict would be only acceptable by PPP
On 4 April, PPP leader and Foreign Minister Bilawal Bhutto Zardari expressed his worry over the imposition of martial law if the full court is not established. His party refuse to accept any decision by the three-member bench and only accept the ruling by a full court bench. He further accused Imran Khan of promoting terrorism and patronising them by inviting them from Afghanistan, strengthening their networks. Additionally, he instated that PPP is not afraid to face elections and is ready to defeat PTI.
 
Chaos ensues Senate
On 4 April, the senate in Pakistan discussed the alleged trade with Israel and the Suo Motu powers used to impose court mandate on delayed polls issue. PTI raised concerns over the alleged shipments made by Pakistani Jewish businessmen to Israel. This allegation is concerning as Pakistan does not recognise nor have established trade relations with Israel owing to their principal stance for Palestine. Additionally, the opposition pointed out a breach of the Indus Water Treaty by India and that PM Shehbaz Sharif is yet to respond. They reiterated their concerns over the alleged changes proposed by India as the opposition felt the current government is showing weakness. Besides that, both the current government and the opposition accused each of political turmoil. Where the PTI condemned the ongoing persecution of party leaders and their families. The incumbent government accused the opposition of gathering political chaos and questioned why the SC was not ready for the formation of a full court.
 
References
Syed Irfan Raza, Nasir Iqbal, “SC registrar removed after Justice Isa’s blistering rejoinder,” Dawn, 4 April 2023)
Amir Wasim, “Coalition asks CJP to put ‘own house in order,” Dawn, 4 April 2023
CJP asks AGP why govt wants to choose own judges,” The News International, 4 April 2023
Bilawal fears martial law if full court not formed,” The News International, 4 April 2023
Mumtaz Alvi, “Ruckus in Senate over SC’s suo motu notice, call for full bench,” The News International, 4 April 2023

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