ISLAMABAD: The Supreme Court Bar Association (SCBA) strongly condemned the reference filed against the Chief Justice of Pakistan (CJP) Umar Ata Bandial before the Supreme Judicial Council, saying it is yet another attempt to subvert the Constitution.
The Bar has taken serious exception to the resolution passed by the National Assembly on 06.04.2023 against the Supreme Court’s decision in CP No. 05/2023, saying it is violative of the Constitution and independence of the judiciary.
SCBA President Barrister Abid S Zuberi and its Secretary Muqtedir Akhtar Shabbir in a joint statement released on Saturday stated that the said reference against the Honourable Chief Justice is yet another effort to delay the conduct of elections in Punjab and KPK
The said reference against the Chief Justice is replete with baseless allegations and is a direct threat to the independence of the judiciary.
The Chief Justice of Pakistan cannot be villainised or maligned for merely performing his duties under oath. The filing of such a reference against the Chief Justice is simply an illegal and malafide attempt at preventing the judiciary from upholding the rule of law and the Constitution.
They demanded that the reference be immediately dismissed and strict action be taken against the complainant for attacking the integrity of the judiciary.
Regarding the NA Resolution, they said 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 discharge of his duties.
Whereas, members of Parliament have made disparaging and extremely disrespectful comments against members of the judiciary, which is not only violative of the Constitution but a direct challenge to the integrity of the judiciary.
They stated that Pakistan is a democratic state and the State’s machinery functions on the principle of trichotomy of powers; that is the parliament, the judiciary and the executive must act independently and no branch of the state can encroach upon or is superior to another.
The members of the executive and parliament are bound to act in accordance with the orders of the Supreme Court which is final; and cannot be set aside or circumvented by way of a resolution passed in the National Assembly.
They noted that the said resolution was passed by only 43 members of the house (Parliament) out of 342. Whereas, such resolutions will only lead to absolute chaos or anarchy when stability and democratically elected governments are the need of the hour.
“The SCBA alongside the entire legal fraternity of Pakistan strongly condemn the smear campaign and media trial of the judges; and further condemn the derogatory remarks/ statements passed against them in open public rallies/ congregations and the Parliament.”
The SCBA called 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.
Copyright Business Recorder, 2023
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