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CJP terms SCBA’s role in Punjab CM’s election case ‘biased’

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  • CJP Bandial recalls Punjab chief minister election case. 
  • Govt’s request to form full bench in case was not in line with law.
  • “The law is equal for all,” chief justice says.

ISLAMABAD: Chief Justice of Pakistan Umar Ata Bandial Monday termed the Supreme Court Bar Association’s (SCBA) role in the Punjab chief minister election case “biased”.

Addressing a full court reference on the eve of the beginning of the new judicial year, CJP Bandial recalled the Punjab CM election case, which drew criticism from political parties.

The CJP said that the federation requested a full court bench which was not in accordance with the law, while the role of the SBCA was also “biased”.

In July, the SC had termed the ruling of the former Punjab Assembly deputy speaker, Dost Mazari, “illegal” and announced Pervez Elahi as the new CM of the province.

The ruling coalition had demanded that a full bench hear the case and the government’s demands were also backed by the top court’s bar association.

“Patience was shown despite the political parties’ strong reaction to the annulment of the ruling of the then Punjab deputy speaker Dost Muhammad Mazari,” the chief justice said.

CJP Bandial added: “We are aware that the country is facing a serious economic crisis, but the law is equal for all.”

Referring to the Judicial Commission of Pakistan’s (JCP) meeting in which the body had rejected Bandial’s nominated judges of high courts for their appointment to the Supreme Court, the CJP asked, did the federal government’s response respect the judiciary?

CJP Bandial said that when he assumed the office, there were challenges related to the provision of inexpensive and speedy justice, a backlog of cases and usage of suo motu power.

Highlighting the achievements, the CJP said that the number of cases pending with the judiciary reduced to 50,265 from 54,134.

“The respected judges sacrificed their yearly vacations and decided 6,458 cases during a short period of June-September.”

Stressing the need for new appointments to the top judiciary, he urged the SCBA to assist the court.

Talking about speedy justice, the CJP said that he, after consultation with other judges, took notice of the then NA deputy speaker Qasim Suri’s ruling and declared it illegal after a five-day hearing and issued the verdict within three days.

A large number of cases were lodged with the apex court following the political events in March 2022, he noted.

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PM Shehbaz will meet with Saudi ministers and speak at the WEF special session today.

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On the third day of his visit to the Kingdom, Prime Minister Shehbaz Sharif will speak at the World Economic Forum Special Meeting’s final plenary, which is titled “Rejuvenating Growth.”

Other speakers at the concluding plenary, in addition to the prime minister, are Saudi Arabia’s Minister of Economy and Planning Faisal Alibrahim, British Secretary of State David Cameron, WEF Geneva President Brørge Brende, and WEF Head of Middle East and North Africa Maroun Kairouz.

Meetings with Saudi ministers of trade, energy, the environment, and agriculture are also scheduled for the third day of the prime minister’s visit. He will probably also meet with his counterpart from Malaysia.

Mohammed bin Salman, the prime minister and crown prince of Saudi Arabia, will be present at the World Economic Forum’s (WEF) Special Meeting on Global Collaboration, Growth, and Energy for Development, which gets underway here today.

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The nomination of Ishaq Dar as deputy prime minister raises concerns.

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A lot of doubts have been raised by Ishaq Dar, the foreign minister, being appointed deputy prime minister.

No reference to the Constitution, regulations, or any other law was mentioned in the Cabinet Division’s notification of the appointment.

What powers Prime Minister Shehbaz Sharif used to designate Ishaq Dar as deputy prime minister has come under scrutiny in light of this.

There are questions about the legal foundation for the deputy prime minister’s nomination as it appears from the notification’s phrasing that rules for the position have not yet been established, according to insiders.

Likewise, the announcement is vague about the deputy prime minister’s proposed authority.

Deputy prime minister would be purely symbolic, according to government sources, and would not be authorized to carry out prime ministerial duties. In Pakistan, the deputy prime minister has previously been nominated.

The PPP administration appointed Chaudhry Parvez Elahi as deputy prime minister.

Observe that Foreign Minister Ishaq Dar was appointed deputy prime minister on Sunday with Prime Minister Shehbaz Sharif’s consent; the Cabinet Division formally announced the appointment.

Dar holds the position of Pakistan’s fourth deputy prime minister. Previous appointments to the position of deputy prime ministers included Parvez Elahi, Zulfikar Ali Bhutto, and Begum Nusrat Bhutto.

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Audio leaks case: FIA, PTA, and PEMRA pleas seeking Justice Sattar’s recusal dismissed

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The Islamabad High Court fined each of the three government departments Rs. 500,000 on Monday after dismissing their arguments against a bench trial over audio leaks.

The court may also hold the heads of the aforementioned departments—the Pakistan Telecommunication Authority (PTA), the Pakistan Electronic Media Regulatory Authority (PEMRA), and the Federal Investigation Agency (FIA)—culpable for contempt.

In the audio leak case, four government agencies—the PEMRA, PTA, FIA, and Intelligence Bureau—filed separate petitions with the IHC, pleading for Justice Babar Sattar’s recusal and asking for the case to be heard by the same bench that has previously decided a case of a similar nature.

The petitioners contended that in order to prevent a different ruling, Justice Babar Sattar should recuse himself from the case that was decided in 2021. The petitions of Bushra Bibi, the wife of Pakistan Tehreek-e-Insaf founder Imran Khan, and Najamul Saqib, the son of former chief justice of Pakistan Saqib Nisar, should also be brought before the same bench.

During the current hearing, Justice Sattar also issued a summons to IB Joint Director General Tariq Mehmood, directing him to come before the court for the case’s subsequent hearing.

Following the issue’s discovery in 2023, the judge has been considering the aforementioned petitions.

The government agencies contended in the petitions in the case before Justice Sattar that Justice Mohsin Akhtar Kayani had already resolved an analogous issue in 2021. Thus, in order to prevent a conflicting ruling and for the sake of justice, they asked the judge to recuse herself from the case.

The departments are requesting that Justice Sattar recuse himself after six IHC judges—among them, himself—complained in writing to the Supreme Judicial Council (SJC) about intelligence agencies interfering with the court’s decision.

On March 25, the judges called for the calling of a judicial convention to address the issue of purported meddling by intelligence agents in the judicial activities or “intimidation” of judges in a way that jeopardised the judiciary’s independence.

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