In a blow to Chief Justice of Pakistan Umar Ata Bandial, the murmurs of discontent within the Supreme Court of Pakistan grew louder on Tuesday after another senior justice called for 'maintenance of harmony. in the court.
The note comes a day after CJP Bandial saw the nine-member bench he had created to hear petitions against trial of civilians in military courts whittle down to just six members after Justice Mansoor Ali Shah recused when the government objected to his inclusion.
In his note, Afridi noted: The entire edifice of a credible justice system is based on public trust.
"In the current politically charged scenario, where the term of the present government is drawing close to its end and the nation is gearing up for fresh elections, the political murmurings against the composition of the present bench [in military courts case] could be palatable," he wrote.
He added that what is "most serious and cannot be disregarded is that there are objections in writing from within the members of the bench, to the very constitution of the bench hearing the present petitions."
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He referred to objections presented by Senior Puisne Judge Justice Qazi Faez Isa in writing.
"The matter of the present composition of the bench warrants urgent attention and reconsideration by the Hon'ble Chief Justice of Pakistan, lest it may dampen public trust in the justice system."
He clarified that he was not endorsing or agreeing with the reasons recorded by Justice Isa (who is not directly named in the note).
"At this stage of the present proceedings, I do not find it appropriate to comment on the legality thereof [of Justice Isa's objections]. Yet, even if one may not agree with the law points raised in the objections of the Hon'ble Senior Puisne Judge, propriety demands taking appropriate measures for "maintenance of harmony" within the Court, the "integrity of the institution", and "public trust in the Court"."
In this regard, Justice Afridi suggested that as a first step, the appropriate measure in his view, would be that "a full court bench of this court should be constituted to hear the present petitions."
Without taking such a measure, I submit with utmost respect, any judgment rendered in these petitions by the present bench may lead to the diminishing of the deference the decision requires and deserves, he argued.
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"It is, therefore, most earnestly urged that the Hon'ble Chief Justice of Pakistan may consider the reconstitution of the present bench, and refer the present petitions to a full court bench."
The note comes a day after CJP Bandial saw the nine-member bench he had created to hear petitions against trial of civilians in military courts whittle down to just six members after Justice Mansoor Ali Shah recused when the government objected to his inclusion.
In his note, Afridi noted: The entire edifice of a credible justice system is based on public trust.
"In the current politically charged scenario, where the term of the present government is drawing close to its end and the nation is gearing up for fresh elections, the political murmurings against the composition of the present bench [in military courts case] could be palatable," he wrote.
He added that what is "most serious and cannot be disregarded is that there are objections in writing from within the members of the bench, to the very constitution of the bench hearing the present petitions."
READ MORE: One Lt General Dismissed, 3 Major Generals Facing Disciplinary Action For 9 May Tragedy: DG ISPR
He referred to objections presented by Senior Puisne Judge Justice Qazi Faez Isa in writing.
"The matter of the present composition of the bench warrants urgent attention and reconsideration by the Hon'ble Chief Justice of Pakistan, lest it may dampen public trust in the justice system."
He clarified that he was not endorsing or agreeing with the reasons recorded by Justice Isa (who is not directly named in the note).
"At this stage of the present proceedings, I do not find it appropriate to comment on the legality thereof [of Justice Isa's objections]. Yet, even if one may not agree with the law points raised in the objections of the Hon'ble Senior Puisne Judge, propriety demands taking appropriate measures for "maintenance of harmony" within the Court, the "integrity of the institution", and "public trust in the Court"."
Propriety demands taking appropriate measures for "maintenance of harmony" within the Court, the "integrity of the institution", and "public trust in the Court"
In this regard, Justice Afridi suggested that as a first step, the appropriate measure in his view, would be that "a full court bench of this court should be constituted to hear the present petitions."
Without taking such a measure, I submit with utmost respect, any judgment rendered in these petitions by the present bench may lead to the diminishing of the deference the decision requires and deserves, he argued.
READ MORE: Supreme Court Update: Punjab Govt Submits List of 59 Suspects Sent for Trial To Military Courts
"It is, therefore, most earnestly urged that the Hon'ble Chief Justice of Pakistan may consider the reconstitution of the present bench, and refer the present petitions to a full court bench."
Justice Afridi in his note says “the matter of the present composition of the bench warrants urgent attention” by CJP, “lest it may dampen public trust in the justice system”
He urges CJP to consider reconstituting the bench and referring petitions to a full court pic.twitter.com/b8L4YxN5ms
— Reema Omer (@reema_omer) June 27, 2023