No contradiction among judges on constitutional principles.

Bandial vacates official residence ahead of time,

The Supreme Court Bar Association (SCBA) hosted a dinner in honour of Chief Justice of Pakistan Justice Umer Ata Bandial, During an informal conversation, the CJP shrugged off a question about the date of the announcement of the NAB amendment case decision. “I can’t say anything about that,” he replies as a journalist questioned if the decision is to be announced on Friday. The chief justice is going to retire on September 16.

Amid reports of a divided Supreme Court, outgoing Chief Justice of Pakistan (CJP) Umar Ata Bandial has said that the only difference that exists among the judges is whether constitutional cases be heard directly in the apex court or not.

“Judges only disagree on whether constitutional cases should come directly to the Supreme Court or not. There is no contradiction amongst us on constitutional principles,” the top judge said while addressing a dinner hosted in his honour by the Supreme Court Bar Association (SCBA) on Wednesday. CJP Bandial is set to retire from his office on September 16 upon reaching the age of superannuation. His successor senior puisne Judge Justice Qazi Faez Isa will step into his shoes on September 17.

While reflecting on his career, the chief justice said that he was retiring and the 20-year relationship that he had with the judiciary would no longer be the same. CJP Bandial further said that the Supreme Court and the judiciary is the guardian of the Constitution, adding that during his tenure, people came to demand rights on “new constitutional points”.  At the same time, he also thanked all the judges who sat with him to hear cases and give verdicts. If the lawyers, he added, had not fought their cases “brilliantly” then they would have never been able to make “such decisions”.

CJP Bandial urges lawyers to unite

In his address, CJP Bandial also urged the SCBA and other high court bar associations of the country to “unite”.

The outgoing chief justice went on to say that the number of cases being heard in the Supreme Court increased due to other cases. He added that they do not want “other cases” to come before them again and again.

“We want the situation in the country to become balanced so that these cases do not come before us,” CJP Bandial said. He also prayed that all matters in the country were settled through the Constitution.

The CJP also questioned why there was confusion in the country when the Constitution makes it clear that elections be held within 90 days.

The top judge’s remarks come hours after President Arif Alvi suggested November 6 for the holding of polls in a letter to the chief election commissioner (CEC). The president also said that in the light of Article 48(5) of the Constitution, he has the authority and mandate “to appoint a date not later than 90 days from the date of dissolution [of assemblies], for holding of a general election to the assembly.”

CJP Bandial further said, “No one should have a suspicion that Supreme Court judges are not independent.” He added that he was among one of the few judges who rejoined the judiciary while taking part in the movement for the restoration of the judiciary.

“I am last of the dinosaurs,” he added.

On the other hand, SCBA President Abid Zuberi recalled that the outgoing chief justice had a lot of challenges during his tenure and lauded his efforts. He also thanked CJP Bandial on behalf of his organisation.

He also took a snipe at the top judge by saying “Good to see you” to all those present at the dinner and promised that his address would be “short and sweet”.

 

Chief Justice Umar Ata Bandial has vacated his official residence more than two days before his service ends. Bandial is set to retire as the chief justice of the highest court in the country on August 16. He has shifted into a house reserved for retired judges. Reports said that nominated Chief Justice Qazi Faez Isa will move into the official residence later this week. Isa is set to take oath on September 17 and will set off for the oath taking ceremony from the residence of the chief justice, sources added. Bandial has been in office since February 2, 2022 and served as chief justice for one and a half year.

 

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