Don’t try to influence courts with political statements: CJP Bandial to politicians

ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial warned the political leaders of the country against influencing the courts through political statements.

The remark came during the hearing on a presidential reference seeking interpretation of Article 63-A of the Constitution of Pakistan and Supreme Court Bar Association's (SCBA) plea against political rallies in the federal capital.

A five-member larger bench of the apex court — headed by Justice Umar Ata Bandial and comprising Justice Muneeb Akhtar, Justice Aijazul Ahsan, Justice Mazhar Alam, and Justice Jamal Khan Mandokhel — resumed the hearing Monday.

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Attorney-General of Pakistan Khalid Javed Khan informed the court that he might not be able to complete the arguments today.

In the last hearing on Friday, the AGP had assured the court that he will complete his arguments at this hearing.

CJP Bandial directed AGP to complete arguments in tomorrow's hearing.

"AGP will submit counter reply after the completion of arguments by other parties," the CJP said.

Moving on, the AGP told the court that the "parliament's proceeding is not linked with the court's hearings." 

"We cannot restrict political parties from making political statements but political leaders should refrain from dragging judges into politics," CJP Bandial stated.

Therefore, politicians should avoid influencing courts through political statements.

Justice Alam criticised Prime Minister Imran Khan over his remarks about the judges in his recent address in Kamalia.

At this, Justice Mandokhel asked if PM Imran Khan does not trust the apex court.

"Shouldn't the prime minister have not avoided issuing irresponsible statements?

On Saturday, PM Imran Khan, while addressing a public gathering in Kamalia had said that PML-N supremo Nawaz Sharif was trying to woo judges against his government.

At this, Justice Mandokhel asked if PM Imran Khan does not trust the apex court.

"Shouldn't the prime minister refrain from making irresponsible remarks?"

In his response, AGP Khan said that not only the prime minister but everyone should be careful about making irresponsible remarks.

Meanwhile, CJP Bandial asked what should be the duration of disqualification for defection.

Justice Akhtar remarked that this case is about the defection from a party after a member gets elected from its platform, whereas, the cases which are being referred to here are about the nomination papers before elections.

"Shouldn't separate legislation be done on defection and disqualification," the judge asked, noting that the language of sections pertaining to both matters is the same.

At this, Justice Mandokhel remarked that there are election laws about defection to parties.

"Why have they approached the court when all laws are already present. What else do you want from us if someone defects from the party," Justice Mandokhail said while addressing AGP Khan.

Meanwhile, Justice Ahsan noted that Article 63(A) affects the system.

"Isn't it a musical chair game if the lawmakers get elected again after switching between parties," he asked, adding that it is a "mockery towards the system."

Moreover, he asked how much does conduct new election costs?

AGP Khan replied that billions of rupees are spent on conducting new elections.

Sindh House incident

During the hearing, the Sindh advocate-general raised the matter of the Sindh House incident.

He complained that sections of the Anti-Terrorism Act (ATA) were not included in the FIR registered against the incident.

At this, CJP Bandial rebuked the Sindh AG, telling him to reach out to the relevant forum in this regard.

"Should the court start hearing the [matter of] the FIR?"

The Islamabad advocate-general informed the court that 11 people were arrested in the Sindh House case but they acquired release on bail.

The CJP directed the Islamabad advocate-general to arrest the elements responsible for Sindh House incident by tomorrow (Tuesday) and submit a report in court. He also warned of judicial action in case the orders are not followed.

The court adjourned the hearing till Tuesday 1pm.