ISLAMABAD, April 07 : The Pakistan Democratic Movement (PDM)-led government in capital Islamabad has demanded the Chief Justice of Pakistan (CJP) Umar Ata Bandial to step down, questioning his impartiality.
The demand was put forward by the Federal Information Minister Marriyum Aurangzeb in a presser following the meeting of the National Security Council (NSC) held in Islamabad Friday.
Referring to the note of Justice Athar Minallah, she questioned why the lie was told that the judges had recused themselves. She said that the note of Justice Athar Minallah is a question mark on Supreme Court’s proceedings in the Punjab polls case.
During the news conference, Marriyum Aurangzeb demanded that Chief Justice of Pakistan (CJP) Umar Ata Bandial must step down as his position has become controversial, especially after Justice Athar Minallah’s note in the case pertaining to elections in Punjab.
“When there was no petition, questions arise as to why the bench was formed and why a decision was made,” she said.
The information minister said that the four judges on the bench had urged to make a full court bench, adding that the political parties too were in favour of constituting a full bench so the people could accept the decision.
“Political parties do not shy away from elections, but this is no longer just an election issue. It has become a matter of ‘bench fixing’,” she added.
She said that CJP’s suo motu notice has already been dismissed with 4-3 vote. However, she added that a three-member bench was formed on petition that was already “dismissed”. “When there was no petition, questions arise as to why the bench was formed and why a decision was made,” she said.
The information minister said that the four judges on the bench had urged to make a full court bench, adding that the political parties too were in favour of constituting a full bench so the people could accept the decision.
“Political parties do not shy away from elections, but this is no longer just an election issue. It has become a matter of ‘bench fixing’,” she added.
The Minister said the apex court’s handling of this case has ensued a constitutional crisis in the country.
The Minister said no political party ever evades elections, but elections should be held on the completion of constitutional tenure of the assemblies and at the same time across the country and should not be susceptible to the whims of any individual.
Justice Minallah was among the judges who rejected the suo motu notice taken by the CJP regarding the delay in polls in KP and Punjab on the advice of an SC bench hearing the Ghulam Mehmood Dogar case.
CJP Bandial had formed a nine-member bench to hear the suo motu case. However, two of the nine judges recused themselves from the case, while four — Justice Syed Mansoor Ali Shah, Justice Jamal Khan Mandokhail, Justice Yahya Afridi, and Justice Minallah — had dismissed the case.
In the note, Justice Minallah reiterated that the “manner and mode” in which these proceedings were initiated had “unnecessarily” exposed the court to political controversies.
Aside from eroding public confidence, the assumption of suo motu may “raise concerns in the mind of an informed outside observer,” he explained, adding that this would also prejudice the rights of litigants whose cases are pending.
