‘Blatantly illegal’: SCBA assails reference against CJP Bandial as ‘another effort’ to delay Punjab, KP elections

The Supreme Court Bar Association (SCBA) on Saturday demanded the dismissal of the reference filed against Chief Justice of Pakistan (CJP) Umar Ata Bandial in the Supreme Judicial Council (SJC), terming it as “blatantly illegal” and an attempt to “subvert the Constitution” and delay Punjab and Khyber Pakhtunkhwa elections.

On April 7, a private citizen had filed a complaint against CJP Bandial seeking a probe into the initiation of suo motu proceedings on KP, Punjab elections and the constitution of a bench for the purpose.

Moved by Advocate Raja Sibtain Khan, the complaint had claimed that the chief justice allegedly created a grouping within the SC by “keeping four judges in his basket”. By doing so, the complaint had alleged, the CJP was guilty of misconduct by luring those judges for his own personal motives and benefits and such practices were unknown to the framework of the Constitution and its dispensation.

In a press statement issued today, a copy of which is available with Dawn.com, SCBA President Barrister Abid S Zuberi and SCBA Secretary Muqtedir Akhtar Shabbir strongly condemned the reference and also demanded strict action against the complainant for “attacking the integrity of the judiciary”.

“It is inexplicably clear that the said reference … is yet another effort to delay the conduct of elections in Punjab and KP which is in blatant violation of Article 224 (2) of the Constitution and orders of the Supreme Court,” the press release reads.

It termed the reference as “patently illegal, mala fide, arbitrary, and against the rule of law and Constitution”.

The SCBA said the reference was “replete with baseless allegations” and a “direct threat to the independence of the judiciary”.

“The CJP cannot be villainised or maligned for merely performing his duties under oath; namely upholding the Constitution of Pakistan in its letter and spirit,” it said. “The filing of such a reference against the honourable CJP is simply an illegal and mala fide attempt at preventing the judiciary from upholding the rule of law and the Constitution,” the SCBA added.

The association said that under the Constitution, the judiciary was tasked with the duty to interpret the law and Constitution and give judgments while constituting benches was the chief justice’s “exclusive prerogative” with no exception.

The SCBA made it clear that no group of people was above the judiciary and it was incumbent upon all members of the executive, caretaker government, and the Election Commission of Pakistan to act in compliance with the Supreme Court orders.

“Therefore, elections to the provincial assembly of Punjab ought to be held on 14-5-23 as ordered by the honourable Supreme Court.”

The press statement maintained that an independent judiciary was the “bedrock of a democratic state without which the machinery of a democratic state would collapse”.

It said any attack on the judiciary’s integrity was a “direct threat to the principle of trichotomy of powers and rule of law”, adding that it was pertinent for all state institutions and the legal fraternity to lend their unwavering support to the judiciary for its independence to be protected and upholding the rule of law.

“This bar association stands with the Supreme Court in upholding the rule of law and the Constitution,” the statement concluded.

Condemns NA resolution

Separately, in another press release, a copy of which is available with Dawn.com, the SCBA termed the National Assembly resolution against the Supreme Court decision of holding elections on May 14 as “violative of the Constitution and independence of the judiciary” and “blatantly illegal”.

“It is truly unfortunate to observe that the National Assembly, which is bound to act in accordance with the Constitution, has blatantly disregarded Article 68 of the Constitution which prohibits any discussion in the Parliament with respect to the conduct of any judge of the Supreme Court or the high court in the discharge of his duties,” the statement said.

The SCBA said the “disparaging and extremely disrespectful comments” against the judiciary directly challenged the integrity of judges, pointing out that “no branch of the state can encroach upon or is superior to another”.

“Accordingly, members of the executive and parliament are bound to act in accordance with the orders of the honourable Supreme Court which is final and cannot be set aside or circumvented by way of a resolution passed in the National Assembly.”

The statement highlighted the resolution was only passed by 43 MNAs out of 342, adding that resolutions like it will only lead to “absolute chaos or anarchy” when stability and democratically elected governments were needed.

“The SCBAP alongside the entire legal fraternity of Pakistan strongly condemn the smear campaign and media trial of the honourable judges and further condemn the derogatory remarks and statements passed against them in open public rallies and congregations and the Parliament,” reads another statement.

It maintained that the smear campaign was only to pressurise the judiciary to achieve “unconstitutional and undemocratic agendas”.

“The SCBA calls upon all stakeholders to amicably reach a consensus in order to safeguard the integrity of the judiciary and restore political and economic stability in the country failing which our country will head towards absolute anarchy,” it concluded.