- There is grouping in the Supreme Court
- One group of judges is playing politics
- There is 'unimaginable' pressure on him and other judges from the establishment
- Expresses optimism over return of journalist Imran Riaz Khan but expresses situation is unfortunate
- Curative review against Justice Isa likely to be dropped
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Journalist Asad Ali Toor in a vlog, on Monday night, claimed that the Chief Justice of Pakistan Umar Ata Bandial during a meeting with court reporters and Youtubers spoke about the polarization within the highest court of the land. Reportedly, he also expressed his thoughts about his colleagues, the external pressures on the court and other issues.
Toor, in his explosive vlog Uncensored, said that these candid views of the top jurist in the country were presented not in a private gathering or even before his fellow judges, rather these revelations came in a meeting between CJP Bandial and certain court reporters and YouTubers. The meeting, sources confirmed, took place a day before Eidul Azha and included Siddique Jan, Ahmad Adeel Sarfaraz and Abid Andaleeb.
During the conversation, Toor claims, CJP Bandial was asked about the PTI, the aftermath of May 9 and what he thought could happen to former prime minister Imran Khan.
At this, CJP Bandial is reported to have remarked that the military will not succeed in its efforts.
Imran Khan is resilient, and that the establishment will not be able to break him. The army has no idea who they're dealing with, CJP Bandial reportedly said.
Grouping among SC judges?
According to Toor, CJP Bandial all but conceded that he had the support of group of seven judges in the top court.
He said that only he and his group of eight judges were willing to work while all other judges in the apex court were busy with politics.
We're trying to work, but these judges are not letting us, the Chief Justice reportedly said.
The chief justice added that he was a simple man with no interest or skills in playing politics.
Pressures from the military?
In response to a question, CJP Bandial reportedly told those at the meeting that the judiciary was facing 'unimaginable' pressure, with several of his judges being harassed.
Almost all the judges from Islamabad High Court (Except Chief Justice Aamer Farooq and Justice Arbab Muhammad Tahir) recently came to see me and complained that they're facing immense pressures from the military and that they were being harassed, he said.
CJP Bandial reportedly advised them to stand firm and refuse to budge.
He pointed to Justice Mohsin Akhtar Kayani and the reference filed against him recently.
The top judge said that when he was recently attending the funeral of Justice Qazi Muhammad Amin, he met Justice Mohsin Akhtar Kayani and patted him on the back, urging him to stand firm and assuring him of full support.
CJP Bandial though expressed his concern and frustration at the pressure on and harassment of judges by the military.
Justice Mazahar Ali Akbar Naqvi reference
The chief justice, according to Toor, said in the meeting that Justice Mazahar Ali Akbar Naqvi was a 'neat and clean' judge, but the 'other group' was using a reference against the SC judge only for the sake of politics.
"Now I've referred it to Sardar Tariq Masood. He has had the file for over a month now," he added.
‘Testing’ Justice Sardar Tariq Masood
On the Panama Leaks case, recently marked to Sardar Tariq Masood, the chief justice said that he assigned it to the third most senior judge in the court only to test him.
It was a case underArticle 184(3) of the Constitution. I wanted to see what he does in this case, CJP Bandial ostensiblysaid, adding that given Justice Masood's decisions on the Panama Case, he knew what he would do in the military courts' case as well because he had already tested him.
Article 184 Original Jurisdiction of Supreme Court
(3) Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved, have the power to make an order of the nature mentioned in the said Article.
Imran Riaz Khan will return soon
When those present in the meeting asked CJP Bandial about missing journalist Imran Riaz Khan's abduction, the top judge expressed optimism and disclosed that it was the establishment's modus operandi.
When the agencies have admitted they do not know where a particular missing person is but that they will look for him, that means they are about to produce him, CJP Bandial reportedly said.
He asked those at the gathering not to worry and that Imran Riaz Khan will turn up soon.
Some journalists told CJP Bandial that the missing journalist's family is being put under immense pressure. Guarantees are being sought from the family that upon his return, Imran Riaz Khan will not record or post vlogs for at least six months, nor will he use any form of social media.
At this CJP Bandial noted that it was quite an unfortunate situation and that this matter had turned into something else altogether.
About colleagues
Narrating a story of the day the judges all came out and planted a sapling in the Supreme Court, CJP Bandial said that he was in his chamber writing a judgement along with Justice Athar Minallah when Justice Mansoor Ali Shah came in and asked him to come to plant the sapling.
When CJP Bandial attempted to excuse himself from it, given the task at hand, he added that Justice Shah told him that a crowd was waiting for the CJP to plant the sapling.
CJP Bandial said he grudgingly agreed. But when he stepped out of his chamber, Justice Shah went and stood outside the chamber of Justice Isa, stating that the senior-most judge would also be joining.
Hence a photo-op was created to show that the judges of the Supreme Court are united.
Curative review against Justice Qazi Faez Isa
Commenting on Justice Qazi Faez Isa, CJP Bandial reportedly said that he had reviewed the curative review reference against the senior-most judge of the Supreme Court, Justice Qazi Faez Isa.
He said that he had also reviewed the precedent available for curative review. He noted that curative reviews are maintainable where one party has not been heard, or bias can be proved.
CJP Bandial said that he had already drafted a judgement on the subject in his mind and would be writing it soon.
The federal government has already expressed its desire to withdraw the curative review against Justice Isa.
When asked whether the reference against Justice Isa is a cause for his alleged animosity towards CJP Bandial, the top judge said that that was a factor, but he defended his actions in hearing the review, stating that they did no injustice with Justice Isa.
There was an allegation over a brother judge, and all we did was ask him for his reply, CJP Bandial stated. He added that when Serena Isa came to the court and complained that the Federal Board of Revenue (FBR) was not listening, we told her to go speak to the FBR.
We did justice with her, he reportedly said.
He went on to say that Justice Isa went to the parliament without consulting him.
But when Justice Isa was slammed by the media for attending the session and sitting next to government members, he came to CJP Bandial for support.
I told him not to worry and just issue a clarification.
Then similarly, when a video of Justice Isa surfaced from a private event where Justice Isa appeared to turn away from CJP Bandial, the top judge said that the senior-most judge came to him again to complain.
CJP Bandial said that Justice Isa asked him to issue a clarification on the matter. However, CJP Bandial said that the video related to Justice Isa and that it was he who should issue the clarification.
The top judge said that Justice Isa subsequently issued a clarification.
On military courts, when CJP Bandial was asked why he did not constitute a full court bench to hear the case, the top judge ostensibly said that it was a full court bench and that he created a bench out of all the judges available.
CJP Bandial further said that he elevated Justice Musarrat Hilali on the recommendation of Justice Isa.
The top judge said that a while ago, he had created criteria for promoting judges and that apart from competence, he said he also gauges their temperament.
CJP Bandial said that he had reservations over the temperament of Justice Hilali. However, CJP Bandial said that Justice Isa came to him and said that since CJP Bandial will be retiring soon and that he, Justice Isa, would be taking up the mantle as the chief justice, and will work with Justice Hilali, so she should be elevated.
Subsequently, CJP Bandial said he approved Justice Hilali's elevation to the Supreme Court.
Justice Shaikh's Promotion
On the elevation of Justice Ahmed Ali M. Shaikh, CJP Bandial said that he was in favour of elevating the chief justice of Sindh High Court.
He explained that his predecessor Chief Justice Gulzar Ahmed, was of the opinion that Chief Justice Shaikh was a financially corrupt individual. A similar view was held by Justice Sajjad Ali Shah.
CJP Bandial said that he then conducted an independent investigation into whether Chief Justice Shaikh was corrupt, but he failed to come across any evidence that proved Justice Shaikh was corrupt.
The top judge said that he then asked Chief Justice Shaikh about the recruitments he had authorized in the judiciary from Sindh.
Justice Shaikh retorted that it is the Sindh High Court and that he could only recruit locals. CJP Bandial said that this struck him as an upright view.
On another occasion, CJP Bandial said that during a meeting of the Judicial Commission to appoint judges in the Sindh High Court. Since Sindh's Chief Minister Murad Ali Shah was also in that meeting, he complained to the chief justice of Pakistan that Chief Justice Shaikh does not listen to the provincial government.
CJP Bandial said that when he asked Chief Justice Shaikh about the matter, the latter retorted that the provincial government only seek favours and I do not give any favours.
The top judge said that he was all but convinced about elevating him. The one thing that perturbed him, however, was that Chief Justice Shaikh did not have a reported judgement for three years.
CJP Bandial said that When the matter was raised with Chief Justice Shaikh, he sought time and within a month, his judgements started being reported.
After Chief Justice Shaikh's name was suggested by Justice Isa, CJP Bandial said that he was about to elevate him.
However, CJP Bandial said that what ultimately changed his mind was that two judges from his loyalist group approached him and asked him not to elevate Chief Justice Shaikh and that he had no choice left.
Complains against journalists
CJP Bandial also expressed dissatisfaction with some journalists including Matiullah Jan, Abdul Qayyum Siddiqui, and Hasnaat Malik.
Naming Hasnaat Malik, he pointed to a story of the reporter associated with The Express Tribune, expressing his displeasure with it.
Watch the full vlog below
Siddique Jan says report of discussion in meeting was 70 false
Meanwhile, Siddique Jan, one of the journalists who was in the meeting, said of what was reported about the meeting, a vast majority of it was falsehood.
In particular he denied the comments attributed to the CJP with regards to the military and Imran Khan, adding that no political matters were discussed.
https://twitter.com/sdqjaan/status/1676198071485743105?s=46&t=D_UO0J-UfOSd770jNvfQcw
No reaction from Supreme Court
There was no reaction from the Supreme Court on this matter either, neither in remarks by judges nor through an official release despite the passage of the entire day.
Adeel Sarfraz also denies contents of Toor's vlog
Court reporter Adeel Sarfraz, who was one of the three people who met with Chief Justice of Pakistan Umar Ata Bandial last week, refuted claims made by journalist Asad Toor in his vlog.
"I was in that meeting, and there was no mention of Imran Khan or the military," he said.
"There was no talk of this kind at all."
Sarfraz also denied that certain journalists were criticized by name for their reporting on the Supreme Court and the chief justice.
"Only one journalist was mentioned by the chief justice, and it was in relation to a clipping of a story sent to him. The story was by Hasnaat Malik and contained several statements, but the CJP said he has chosen to forego it," Sarfraz said.
The reporter added that the CJP did not mention Justice Qazi Faez Isa or Justice Sardar Tariq Masood nor the reference against Justice Mazahar Akbar Naqvi.
"There was no discussion of the military courts' case."
Reported comments about Justice Mansoor Ali Shah, Justice Yahya Afridi and Justice Athar Minallah also did not take place. Instead, he had praised these judges.