After assuming the office of Chief Justice of Pakistan Justice Umar Ata Bandial will have to cope with three major challenges including a huge backlog of cases, shortage of judges at all level and dispelling the impression that “undemocratic forces” use their influence in high profile cases, the senior lawyers believe.
Former Vice Chairman Pakistan Bar Council Amjad Ali Shah welcomed the appointment of Chief Justice Bandial and hoped that his appointment as the most senior judge would play an effective role in the judicial system.
According to Mr. Shah, there are three major challenges for the new Chief Justice. “The first challenge is to deal with thousands of pending cases in the courts, 2.1 million precisely; the second is to address the huge shortage of judges in the courts and the third is to restore judiciary image and the effective relationship and trust between the bar and the bench.”
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He said the new CJP could overcome these challenges as he has been cooperating with the lawyers’ leadership in resolving issues before.
He said that due to thousands of pending cases in the courts, not only the litigants but also the lawyers were facing difficulties and by taking drastic steps, the pending cases could be disposed of in time.
“The shortage of judges in the courts will hamper the delivery of justice in a timely manner as there are a large number of vacancies lying vacant in the high courts and subordinate courts.”
Amjad Shah added, “We hope that the new chief justice can bridge the gap between the bar and the bench which was engulfed during the Justice Faez Isa case.”
Former president of the Supreme Court Bar Association, Ali Ahmed Kurd said that the impression that some forces are influential must be removed.
He said, “He (Justice Bandial) is holding a high office now, so the lawyers have high hopes for him and hopefully, he will play a significant role in enhancing the prestige of the judiciary.”
Kurd further said, “As questions have been raised about some of the decisions of former Chief Justice Saqib Nisar, we hope that the new chief justice will play his part in dispelling all such suspicions.”
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He pointed out that Justice Bandial was the head of a ten-member bench that heard Justice Qazi Faez Isa’s petition and issued a historic judgment. “This case was definitely the most important decision in the history of the judiciary.
Former vice chairman Pakistan Bar Council Abid Saqi said that the appointment of Justice Bandial to the post of chief justice of Pakistan would lead to better relations between the bench and the bar as he is a judge who decides cases on merit.
He also made decisions in the Lahore High Court keeping in view the human interest and fundamental rights of the citizens. He is a well-rounded judge who can see the case and know how to balance the law.
Justice Bandial will retire at the age of 65 on 16 September next year (2023) after holding the post of Chief Justice of Pakistan for one year and eight months.
Justice Umar Ata Bandial was appointed a judge of the Lahore High Court in 2004. He was one of the judges who refused to take oath under the second provisional constitutional order(PCO) issued by the former military ruler Pervez Musharraf in 2007 and later he was reinstated after the Supreme Court declared the state of emergency imposed on November 3, 2007 unconstitutional.
Justice Bandial also served as the Chief Justice of the Lahore High Court for two years, after which he was appointed a judge of the Supreme Court in 2014.
Justice Bandial is considered a “mild-mannered judge” and specialized in banking, tax and property matters. Before becoming a judge of Lahore High Court, he was involved in advocacy as well as teaching in Punjab University Law College.
As a judge in the Supreme Court, Justice Bandial heard various important cases. He was also part of the bench which had declared Prime Minister Imran Khan as ‘honest’ and ‘trustworthy’.
He also presided over seven-member bench hearing the petitions filed against the presidential reference against Justice Qazi Faez Isa and the 10-member bench took up review petition against the decision of this seven-member bench.
Taking advantage of Justice Bandial’s leniency and mild temperament, during the hearing of these petitions, the then Attorney General Anwar Mansoor accused the judges of the bench of assisting Justice Isa in this matter.
Justice Umar Ata Bandial did not respond at first, but during the break, when other judges in the bench expressed their concerns over the allegations made by the then Attorney General, Justice Bandial asked the Attorney General to name the judges. According to him, those who allegedly helped justice Isa.
Anwar Mansoor could not answer this and he had to resign from his post.
Justice Bandial also wrote the verdict after hearing the petitions regarding the presidential reference against Justice Qazi Faez Isa. The details gathered about Faiz Isa’s property were also made part of the court record.
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However, a 10-member bench headed by Justice Bandial also heard review petitions against the decision. The order passed by the 10-member bench had barred Federal Board of Revenue (FBR) from conducting an inquiry into the property of Justice Isa’s wife and their children.
The 35-page detailed decision of the 10-member bench was delivered just days before Justice Bandial became Chief Justice.
Following this detailed decision, the decision of the seven-member bench was being criticized on social media and Justice Bandial expressed concerns over it at a dinner hosted by the Supreme Court Bar Association two days before he took over as Chief Justice. He said, “Criticize the decisions, not the judges.”
Addressing a full court reference in hounor of outgoing CJP Gulzar Ahmed, Justice Bandial, who has a “mild temper”, criticised the practice of tarnishing the image of judges on social media.
It is important to note that this year five judges of the Supreme Court will retire after completing their tenure and the Judicial Commission will recommend the appointment of judges to the vacant seats. The Judicial Commission will be headed by Chief Justice Umar Ata Bandial.
From former chief justice Iftikhar Muhammad Chaudhry onwards, many of the past chief justices have been criticised by lawyers for their personal preference instead of seniority in the appointment of judges in the high court.
