ISLAMABAD 5 April (Online): After Prime Minister Shehbaz Sharif, PML-N chief organiser Maryam Nawaz has also taken exception to remarks made by Chief Justice of Pakistan (CJP) Umar Ata Bandial during the Supreme Court hearing on the postponement of polls in Punjab.
For over a week, the top court heard the PTI’s petition against the Election Commission of Pakistan’s (ECP) decision to postpone polls to the Punjab Assembly till October 8. A day earlier, the court quashed the electoral body’s order and declared it “unconstitutional”.
At one point in the SC hearing, the CJP had said: “Today, when you go to parliament, you find people addressing the parliament who were till yesterday in captivity, imprisoned, declared traitors. They are now talking over there, and being respected because they are representatives of the people.”
The remarks had come a day after a bill aimed at clipping the powers of the CJP and giving the right to appeal in all suo motu cases with retrospective effect sailed through the Senate. The bill, titled the ‘Supreme Court (Practice and Procedure) Bill 2023’, seeks to take away the discretionary powers of the CJP to take suo motu notice, form benches and allocate cases in an individual capacity.
Earlier this week, on the floor of the National Assembly, PM Shehbaz had regretted the CJP’s remarks, stating that the PTI government had put all the opposition members, including him, in jail on “baseless and fake charges”.
Speaking at a lawyers’ convention today, Maryam also echoed the prime minister’s remarks and critiqued the top judge’s remarks as well as the intention behind his verdicts.
At the outset of her address, she said that in its 75-year history, Pakistan was under the military rule for nearly 40 years. “Not a single elected PM completed his term in the country. Four dictators came and completed 10 years each, but no court dared to stand up against them,” she said.
“Elected prime ministers were thrown out of office but no court put up a brave face to bring any dictator to justice. Has any dictator been disqualified by a court? No. But elected PMs have been declared disqualified.”
Addressing the CJP, Maryam said: “I saw tickers on TV attributing to the CJP […] they said that the chief justice got emotional during the hearing.”
“He should have felt emotional when an elected prime minister [Nawaz Sharif] was ousted on the basis of an expired Iqama.
“An election won by Nawaz was handed over to Imran … why didn’t you get emotional then? Why didn’t you get emotional when your brother [judge] Justice Qazi Faez Isa was suffering?” Maryam asked.
She said that the politicians, whom the CJP mentioned in his remarks, went to jail “on orders of [former director general of the Inter-Services Intelligence (ISI) Lieutenant General] Faiz Hameed”.
“Those politicians were in jail because Gen Faiz had the judicial system in control. He would force judiciary members with videos and seek desired verdicts,” she claimed, alleging that PTI Chairman Imran Khan was a facilitator of the ex-spymaster.
“I want to ask the CJP today … do you not believe that going to jail for an ideology is something that should be taken pride in?” she asked.
In an apparent reference to Imran, Maryam said that CJP should have mentioned those who went into hiding the moment court summons were sent to them
“Instead of taunting Shehbaz Sharif and the entire government for going to jail, the CJP could have mentioned that those who went to jail were imprisoned due to fake cases,” she stated, recalling the number of cases registered against PML-N leaders and the times they appeared before courts.
But, the PML-N vice president contended, Imran failed to do the same because he knew he was at fault.
“Imran and his facilitators know that the crime has been committed. His facilitators are in the judiciary. These days, a new trend has begun to get bail in 12 cases simultaneously.
“Our leaders like Rana Sanaullah remained in jail for six months and they had a smile on their faces when they were freed. But Imran and his men are getting bail within two hours,” she criticised.
Maryam further said that Imran’s “hypocrisy” had come forth, stating that the man who once threw shoes on banners of judges was today talking about the law and Constitution.
“The entire system is trying to bring him in front of the court, but he is resisting […] and even when he does come to court it is with a horde of people,” she said and then went on to ask if “this is the precedent we are setting”.
Addressing the CJP again, Maryam said: “You encouraged the man who violated the Constitution and now he is causing anarchy in the country.”
She alluded that Imran and “his facilitators” had a plan in store, which Maryam claimed was to be executed by September before the new CJP takes charge.
The PML-N leader likened the SC’s verdict in the Punjab polls case to the “facilitation done by Justice Saqib Nisar, Justice Asif Saeed Khosa and Gen Faiz in 2017”.
How can the CJP expect us to accept a decision that even his brother judges are not accepting it? He discluded the judges who had raised legal reservations and instead brought those judges who favoured him, Maryam said.
“There are the same judges in every bench. During Nawaz Sharif’s trial, Justice Ijazul Ahsan was a part of the monitoring bench […] and the second judge has severe corruption allegations against him.
“But every bench has the same judges,” she said.
Maryam accused the top judge of “rewriting the Constitution” and facilitating Imran.
“Imran was given the Punjab government on a plate and was even facilitated at the time of the dissolution of the assemblies. The same two judges in the SC — Justice Mazahar Ali Akbar Naqvi and Justice Ahsan — suddenly thought of writing a note to the CJP and urged him to take a suo motu notice on the elections.”
At one point during her address, Maryam also called on the CJP to take a notice of the recent audio leaks, including the one purportedly featuring Justice Naqvi.
She alleged that the CJP had taken the role of the ECP, defence ministry, Parliament, prime minister, finance ministry and the government. “If you want to take all the political decisions, then the Parliament can work on constitutional matters,” she quipped.
Referring to the CJP’s remarks regarding talks between the government and the opposition, Maryam said that the top judge should first look inside his own institution and speak to his brother judges.
“I want to tell the CJP that if political parties have differences, it is because they come from varying ideologies and agendas. But there shouldn’t be any differences in the Supreme Court. Then why is there no consensus among you?
“It is because efforts are being made once again to impose a man on the nation,” she stated.
Maryam also questioned why the Constitution, which was used for Punjab, was not being implemented in KP. “What should the public think? That the entire fight is over Punjab?”
She further asserted that elections would take place “on time” and whenever they did, Imran would emerge as the loser.
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