The government on Friday objected to Chief Justice of Pakistan (CJP) Umar Ata Bandial’s inclusion in the five-member bench formed to hear pleas challenging the formation of a judicial commission tasked to probe audio leaks involving the judiciary.
The bench, a day earlier, was constituted by CJP Bandial to conduct hearing of the pleas filed under Article 184(3) of the Constitution.
Those who have challenged the petitions include Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, Muqtedir Akhtar Shabbir, Advocate Riaz Hanif and Supreme Court Bar Association President Abid Shah Zubairi.
The bench is being headed by CJP Bandial and comprises Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Syed Hassan Azhar Rizvi and Justice Shahid Waheed.
At the outset of today’s hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan asked CJP Bandial to excuse himself, inviting a stronger reaction from the top judge.
“It is requested that the chief justice should not be a part of this bench,” AGP Awan said.
Responding to the AGP, CJP Bandial asked if he meant for him to leave the bench. “You should not interfere with our administrative authority.”
The top supreme court judge added that while he respects the request made by Awan, the post of the chief justice is constitutional.
“I knew you would raise this objection. The judiciary is not subservient to the government. There is a division of authority in the Constitution,” he remarked.
“The judiciary is the protector of basic human rights. We fully respect the government,” the chief justice said addressing Awan.
The country’s top judge also lamented over the government’s “hasty” decision to enact legislation regulating the chief justice’s powers.
“How can the government use judges for its own motives,” CJP Bandial asked the AGP.
