ISLAMABAD
\nThe remarks passed in the last two days suggest that the Supreme Court, led by the chief justice of Pakistan (CJP), is trying to revive its position before the May 9 violence, triggered by the arrest of the Pakistan Tehreek-e-Insaf (PTI) chairman.
\nThe May 9 mayhem had even pushed those judges, who had tried hard to hold the elections to the Punjab Assembly on May 14, on the defensive.
\nLater, they had no choice but to show restraint in matters wherein confrontation between the judiciary and other institutions especially the parliament, executive, security establishment, etc, could have worsened.
\nNow it is being witnessed that CJP Umar Ata Bandial has listed petitions against the federal government\u2019s formation of an inquiry commission, led by SC\u2019s Justice Qazi Faez Isa, to investigate the audio leaks in relation to judges. While the hearing of the audio leaks commission case was underway, CJP Bandial wondered who had planted the audio leaks on social media.
\nThe bench allowed Shoaib Shaheen, the lawyer for one of the petitioners, Supreme Court Bar Association (SCBA) President Abid Zuberi, to present his arguments that the leaks were released on social media after the SC\u2019s February 16 order wherein the CJP was requested to invoke his suo motu jurisdiction over the delay in elections to Punjab and Khyber-Pakhtunkhwa (K-P) assemblies.
\nThe lawyer even criticised the \u201crole\u201d of the state institutions for \u201creleasing\u201d the audio leaks on social media.
\nSurprisingly, the members of the bench remained silent over his arguments.
\nThe bench has reserved its decision on the federal government\u2019s plea for the recusal of three judges, including the CJP, from the audio leaks commission case on account of a \u201cconflict of interest\u201d.
\nHowever, the CJP believes that the matter was about the independence of the judiciary and that the principle of the trichotomy of power was violated by not approaching his office to nominate the judge for the inquiry commission.
\nDuring the ongoing week, the Election Commission of Pakistan (ECP) filed a review petition against the SC\u2019s April 4 order to hold elections in Punjab on May 14. In the ECP case too, the CJP made certain remarks, which might irk the federal government. The bench wants to decide the commission\u2019s review petition expeditiously. Likewise, the same bench has also taken up petitions against a new law, which has widened the scope of review in matters decided under Article 184-3 of the Constitution. The bench is reluctant to endorse this law in a similar manner.
\nA lawyer believes that it is the traditional view of the superior judiciary that it should show its supremacy over parliament when it comes to the exercising of its jurisdiction. The superior judiciary does not even allow parliament to regulate its jurisdiction.
\nThe CJP is also visibly disturbed about the Pakistan Democratic Movement (PDM) parties\u2019 protest outside the SC premises. A debate has kicked off as to whether or not the CJP would be successful in compelling the government to hold the elections to all assemblies before his retirement. Lawyers believe that the PTI chief\u2019s arrogance has wasted one section of the judiciary\u2019s efforts to hold the general elections before September.
\nThe deposed premier missed the chance when he refused to sit with a PDM committee for finding a middle way about the dissolution of the assemblies. The same section of the judiciary is facing several challenges now.
\nFirst, the \u2018powerful circles\u2019 are annoyed with these judges on account of their proceedings in the matter of elections. Secondly, the apex court is divided into two camps. The division within the institution is pretty obvious for everyone to see. There is a severe trust deficit among SC judges. CJP Bandial is continuing to include \u201clike-minded\u201d judges in benches hearing politically sensitive cases.
\nThe leadership of the Professional Lawyers Group is fully backing the CJP in the prevailing situation. There are reports that members of the same group are considering starting a movement to support CJP Bandial so that he could ensure the elections before his retirement.
\nOn the other hand, the Independent Lawyers Group is standing with the government. It also endorses the formation of the audio leaks commission led by Justice Isa.
\nHowever, both groups of lawyers agree that civilians must not be tried in military courts under the Army Act.
\nIt is still debatable as to whether or not CJP Bandial and his \u201clike-minded\u201d judges will be successful in holding the elections before September.
\nIt is also unclear whether or not the CJP will be able to protect the PTI chairperson from disqualification or conviction in any matter. This can only happen if he receives the support of all the SC judges — a development that appears to be unlikely in the near future.<\/p>\n","protected":false},"excerpt":{"rendered":"
ISLAMABAD The remarks passed in the last two days suggest that the Supreme Court, led by the chief justice of Pakistan (CJP), is trying to revive its position before the May 9 violence, triggered by the arrest of the Pakistan Tehreek-e-Insaf (PTI) chairman. The May 9 mayhem had even pushed those judges, who had tried […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":{"0":"post-336334","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-top-news"},"yoast_head":"\n