Wajid Baloch
Yesterday marked the final day in the brief but contentious tenure of Chief Justice of Pakistan, Umar Ata Bandial, who, after his nomination for the country’s top-most judicial post took the oath of office on February 2, 2022.
His term as the top apex court judge was loaded with some landmark and other controversial decisions, making him one of the most talked-about chief justices in Pakistan’s history.
Following CJP Bandial’s departure, senior puisne judge Qazi Faez Isa, hailing from Balochistan, will take over as Pakistan’s new chief justice. However, the present chief justice’s time in office remains a subject of interest, particularly as he is prepared to bid adieu to the most coveted judicial post in the country tomorrow.
At present, Pakistan’s Supreme Court suffers from a crisis of confidence, as its judges, the general populace and politicians have all projected a lack of trust in the institution. The predominant factor behind the issue lies in the judiciary’s unfavourable contribution towards Pakistan’s current political and economic instability, paralleling the role of the establishment and its favoured politicians.
During the tenure of the last four chief justices, the Supreme Court has been politically meddled to such an extent that, according to Supreme Court judge, Justice Athar Minallah, “Public trust is eroded when the Court is perceived as politically partisan and the judges as ‘politicians in robes’.”
The statement stands true in the current era, as the distinction between judges and politicians has nearly vanished. While former chief justices Saqib Nisar, Gulzar Ahmed, and Asif Saeed Khosa have worked towards eliminating this distinction, the outgoing top SC judge, too, bears significant responsibility in this regard.
CJP Bandial presides over what is considered the weakest and most contentious Supreme Court in the history of democratic governments. It is one where the chief justice himself — despite conflicts of interest — continued to hear a case against the audio leak commission set up to investigate audio leaks, one of which also involved his own mother-in-law. Despite allegations of bias, he delayed the commission’s proceedings and even issued a written decision using Quranic verses in his defence.
But the story doesn’t end here. CJP Bandial is a unique chief justice in the apex court’s history, as his fellow judges have filed charges against him, accusing him of forming favourable benches, running courts through WhatsApp, attempting to rewrite the constitution during his tenure and meddling in parliamentary affairs. He has also been alleged to have sidelined the senior-most judges of the Supreme Court, Justice Qazi Faez Isa and Justice Tariq Masood, both of whom have acknowledged the matter in their respective judicial notes.
Owing to CJP Bandial’s tempestuous term in office, Geo News has conducted a detailed assessment, to reflect upon his doings while being seated at the country’s most prestigious judicial post.
‘Short and sweet’: CJP Bandial’s final NAB amendments verdict
Just a day before the completion of his tenure, a three-member bench — headed by the chief justice — issued a decision on the petition filed by former prime minister and Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan to nullify the 90% amendments made to the National Accountability Bureau (NAB) law by the previous Pakistan Democratic Movement-led government to regulate it. This decision to declare NAB amendments “null and void” was issued by a 2-1 majority, with CJP Bandial and Justice Ijazul Ahsan writing the majority decision and Justice Mansoor Ali Shah dissenting.
The decision could have significant repercussions for political parties in the country. While the Pakistan Tehreek-e-Insaf (PTI) apparently received major relief, the ruling could affect the former ruling coalition including the Pakistan Muslim League-Nawaz (PML-N) and the Pakistan Peoples’ Party (PPP), as many cases against politicos associated with these parties had come to an end after the new NAB amendments. They may now, however, be revived.
Political pundits believe that CJP Bandial’s decision, just a day before his retirement, was a subtle message to both political parties who had exerted legal and political pressure during his tenure. The key question remains how legally sound this last-minute masterstroke by the chief justice will prove to be in the context of his tenure.
Its actual ramifications may only become evident later, particularly if a plea for reconsideration against this judgment surfaces. Such an appeal would then be transmitted to the new chief justice, Justice Isa, who initially cast doubt on CJP Bandial’s impartiality.
Subsequently, these matters became so intensely contested that they resulted in a clear division within the judiciary during CJP’s entire tenure.
Tracing the military, CJP Bandial and Justice Isa trajectory
The first significant dispute of the serving chief justice arose when a bench he presided over discussed an investigation into Justice Qazi Faez Isa through a presidential reference, involving the establishment and the PTI chief. The reference led to allegations that were subsequently referred to the Federal Board of Revenue (FBR).
His final controversy, however, revolved around the formation of a bench to address issues related to military courts. In this case, two senior Supreme Court judges, including Justice Isa, declared the bench’s constitution as illegal.
This dispute deepened the existing divisions within the country’s top court, splitting it into two distinct factions. The clash also brought the government and the SC into direct confrontation, leading to debates about the need to curb the immense powers vested in the country’s top judge.
