The Supreme Court (SC) of Pakistan witnessed a fiery exchange on Thursday during a hearing on the formation of election tribunals, as tensions flared between Chief Justice Qazi Faez Isa and Pakistan Tehreek-e-Insaf (PTI) lawyer Niazullah Niazi.
Objection overruled
The session began with Niazullah Niazi objecting to the inclusion of Chief Justice Isa on the bench. However, CJ Isa swiftly dismissed the motion, expressing frustration at the persistent challenges to judicial authority.
“Why not refer Niazullah Niazi’s case to the Pakistan Bar Council? Are we here to be insulted? Enough is enough,” CJ Isa retorted, highlighting his awareness of Niazi’s political affiliations and asserting the court’s intolerance for continued contempt of the judiciary.
Authority to form benches
Chief Justice Isa emphasised a significant shift in judicial procedures, noting that the authority to form benches now resides with the Practice and Procedure Committee, thereby ending the era when the Chief Justice had that prerogative. This change aims to enhance transparency and fairness in the judicial process.
Political undertones
The exchange took a political turn when Niazi referenced former Prime Minister Imran Khan, stating, “The one in jail objects that his election symbol was taken away.” CJ Isa responded by reminding Niazi of the court’s provisions for video link facilities from jail, which had not been contested at the time.
“Ali Zafar did not raise any objections in the intra-party election case either. This defamation of institutions must stop. Headlines in newspapers question how the bench was formed. The era of popular decisions is over; now, the committee has the authority to form benches,” CJ Isa remarked, criticising the ongoing attacks on judicial integrity.
Judicial independence
Justice Jamal Khan Mandokhail added to the discourse, asserting, “Courts do not operate based on public wishes.” This statement underscored the judiciary’s commitment to impartiality and independence, irrespective of external pressures or public opinion.
Continued tensions
This confrontation is the latest in a series of clashes between CJ Isa and PTI lawyer Niazullah Niazi. Previous hearings have been marked by serious allegations from Niazi against the Chief Justice, which he failed to substantiate with evidence. These recurring disputes highlight the ongoing friction between the judiciary and PTI-affiliated legal representatives.
