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Constitution Petition No.17 & 19 of 2019 & C.M.A. No.7417 Of

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Constitution Petition No.17 & 19 of 2019 & C.M.A. No.7417 Of IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) PRESENT: Mr. Justice Umar Ata Bandial Mr. Justice Maqbool Baqar Mr. Justice Manzoor Ahmad Malik Mr. Justice Faisal Arab Mr. Justice Mazhar Alam Khan Miankhel Mr. Justice Sajjad Ali Shah Mr. Justice Syed Mansoor Ali Shah Mr. Justice Munib Akhtar Mr. Justice Yahya Afridi Mr. Justice Qazi Muhammad Amin Ahmed CONSTITUTION PETITION NO.17 & 19 OF 2019 & C.M.A. NO.7417 OF 2019 IN CONST. P. 19 OF 2019 & CONSTITUTION PETITIONS NO.20-30, 32 & 34 OF 2019. Justice Qazi Faez Isa … Petitioner(s) (in Const.P.17/2019) Supreme Court Bar Association thr. … Petitioner(s) its President (in Const.P.19/2019) Abid Hassan Minto & another … Petitioner(s) (in Const.P.20/2019) Pakistan Bar Council thr. … Petitioner(s) its Vice Chairman (in Const.P.21/2019) Abdul Basit, President High Court … Petitioner(s) Bar Association, Quetta. (in Const.P.22/2019) Muhammad Asif Reki, President … Petitioner(s) Quetta Bar Association (in Const.P.23/2019) Sindh High Court Bar Association … Petitioner(s) thr. its President (in Const.P.24/2019) Balochistan Bar Council thr. its … Petitioner(s) Vice Chairman Haji Atta Ullah Langove (in Const.P.25/2019) Sindh Bar Council thr. it Secretary … Petitioner(s) (in Const.P.26/2019) Hafiz Abdur Rehman Ansari, ASC … Petitioner(s) (in Const.P.27/2019) 2 Const. P.17 of 2019, etc. Karachi Bar Association through … Petitioner(s) its President & other (in Const.P.28/2019) KPK Bar Council through … Petitioner(s) its Vice Chairman (in Const.P.29/2019) Peshawar High Court Bar Association … Petitioner(s) thr. its President (in Const.P.30/2019) Shahnawaz Ismail, Vice Chairman … Petitioner(s) Punjab Bar Council (in Const.P.32/2019) Pakistan Federal Union of Journalists … Petitioner(s) (PFUJ) thr. its President (in Const.P.34/2019) VERSUS The President of Pakistan and others …Respondent(s) (in Const.P.17, 19, 21-25, 27-30, 32 & 34 of 2019) The Supreme Judicial Council thr. … Respondent(s) its Secretary and others (in Const.P.20&26/2019) Const. P. No.17 of 2019. For the petitioner(s) : Mr. Munir A. Malik, Sr. ASC. a/w Mr. Justice Qazi Faez Isa (appeared in-person on 17.06.2020) Mrs. Qazi Faez Isa (appeared through video link on 18.06.2020) Mr. Tariq Mehmood, Sr. ASC. Mr. Salahuddin Ahmed, ASC. Ch. Atif Rafiq, ASC. assisted by: Barrister Kabir Hashmi & Barrister Rabi-bin-Tariq. Mr. Babar Sattar, ASC. assisted by: Miss Shohan Karimi, Advocate. Syed Kazim Hassan, ASC. Mr. Kassim Mir Jat, AOR. Const. P. No.19 of 2019. For the petitioner(s) : Mr. Hamid Khan, Sr. ASC. assisted by: Mr. Naseebullah Tareen, ASC. Mr. Munir Kakar, ASC. Mr. Ajmal Ghaffar Toor, Advocate. 3 Const. P.17 of 2019, etc. Syed Qalb-e-Hassan, ASC. Mr. Amanullah Kanarani, ASC. Mr. Rasheed A. Rizvi, Sr. ASC. assisted by: Mr. Abbas Rasheed Rizvi, Advocate. Mr. M.S. Khattak, AOR. Const. P. No.20 of 2019. For the petitioner (s) : Mr. Bilal Hassan Minto, ASC. Ms. Hina Jillani, ASC. Const. P. No.21 of 2019. For the petitioner (s) : Sardar Muhammad Aslam, ASC. Syed Amjad Ali Shah, ASC. Mr. Kamran Murtaza, Sr. ASC. Mr. Azam Nazeer Tarar, ASC. Mr. Abid Saqi, ASC. Hafiz M. Idrees, ASC. Mr. Salman Akram Raja, ASC. assisted by: Mr. Asad Ladha, Advocate & Malik Ghulam Sabir, Advocate. Syed Rifaqat Hussain Shah, AOR. Const. P. No.22 of 2019. For the petitioner (s) : Mr. Naseebullah Tareen, ASC. Syed Amjad Ali Shah, ASC. Const. P. No.23 of 2019. For the petitioner (s) : Mr. Hamid Khan, Sr. ASC. assisted by: Mr. Naseebullah Tareen, ASC. Mr. Munir Kakar, ASC. Mr. Ajmal Ghaffar Toor, Advocate Mr. Asif Reki, Advocate. Sh. Ahsan-ud-Din, ASC. Mr. Khushal Kansi, ASC. Const. P. No.24 of 2019. For the petitioner (s) : Mr. Rasheed A. Rizvi, Sr. ASC. assisted by: Mr. Abbas Rasheed Rizvi, Advocate. Mr. M. Aqil, ASC. Mr. Kassim Mir Jat, AOR. 4 Const. P.17 of 2019, etc. Const. P. No.25 of 2019. For the petitioner (s) : Mr. Hamid Khan, Sr. ASC. assisted by: Mr. Naseebullah Tareen, ASC. Mr. Munir Kakar, ASC. Mr. Ajmal Ghaffar Toor, Advocate Mr. Rashid A. Rizvi, Sr. ASC. assisted by: Mr. Abbas Rasheed Rizvi, Advocate. Const. P. No.26 of 2019. For the petitioner (s) : Mian Raza Rabbani, Sr. ASC. assisted by: Mr. Zeshan Abdullah, Advocate. Mr. Saalim Salim Ansari, ASC. Const. P. No.27 of 2019. For the petitioner (s) : Hafiz Abdul Rehman Ansari, ASC. Mr. Taufiq Asif, ASC. Syed Rifaqat Hussain Shah, AOR. Const. P. No.28 of 2019. For the petitioner (s) : Mr. Rasheed A. Rizvi, Sr. ASC. assisted by: Mr. Abbas Rasheed Rizvi, Advocate. Syed Haider Imam, ASC. Const. P. No.29 of 2019. For the petitioner (s) : Syed Iftikhar Hussain Gillani, Sr. ASC. assisted by: Barrister Saad M. Buttar Barrister Jibran Gillani & Miss Ramsha Hayat, Advocate. Mr. Abdul Latif Afridi, ASC. Mr. Tariq Khan Hoti, ASC. Const. P. No.30 of 2019. For the petitioner (s) : Syed Iftikhar Hussain Gillani, Sr. ASC. assisted by: Barrister Saad M. Buttar Barrister Jibran Gillani & Miss Ramsha Hayat, Advocate. Mr. Abdul Latif Afridi, ASC. Mr. Tariq Khan Hoti, ASC. 5 Const. P.17 of 2019, etc. Const. P. No.32 of 2019. For the petitioner (s) : Mr. Hamid Khan, Sr. ASC. assisted by: Mr. Naseebullah Tareen, ASC. Mr. Munir Kakar, ASC. Mr. Ajmal Ghaffar Toor, Advocate. Mr. M.S. Khattak, AOR. Const. P. No.34 of 2019. For the petitioner (s) : Mr. Rasheed A. Rizvi, Sr. ASC. assisted by: Mr. Abbas Rasheed Rizvi, Advocate. For respondents (2&8) : Dr. Farogh Naseem, Sr. ASC a/w Ch. Ishtiaq Ahmed Khan, Addl. AG Mr. Sajeel Sheryar Swati, ASC. assisted by: Barrister Maleeka Ali Bukhari Ch. Hassan Murtza Mann, Adv. Mr. Shahid Naseem Gondal, Adv. For respondent No. 1 : Mr. Sohail Mehmood, DAG. For respondent No.3 : Mr. Aamir Rehman, Addl. AG. For respondent No. 4 : Mr. Irfan Qadir, ASC For respondent No.9 : Dr. Khalid Ranjha, Sr. ASC a/w Mr. Sajeel Sheryar Sawati, ASC. For respondent No.10 : Abdul Waheed Dogar (in-person). For respondent No.11 : Waheed Shahzad Butt (in-person). For Supreme Judicial : Mr. Arbab Arif, Secretary, SJC/ Council Khawaja Daud Ahmad, Secretary SJC. Dates of hearing : 17.09.2019; 24.09.2019; 08.10.2019; 14.10.2019; 15.10.2019; 21.10.2019; 28.10.2019; 29.10.2019; 04.11.2019; 05.11.2019; 06.11.2019; 11.11.2019; 12.11.2019; 13.11.2019; 18.11.2019; 19.11.2019; 27.11.2019; 28.11.2019; 02.12.2019; 03.12.2019; 04.12.2019; 16.12.2019; 17.12.2019; 18.12.2019; 19.12.2019; 20.01.2020; 21.01.2020; 22.01.2020; 27.01.2020; 28.01.2020; 29.01.2020; 03.02.2020; 17.02.2020; 18.02.2020; 19.02.2020; 24.02.2020; 6 Const. P.17 of 2019, etc. 02.06.2020; 03.06.2020; 04.06.2020; 11.06.2020; 12.06.2020; 15.06.2020; 16.06.2020; 17.06.2020; 18.06.2020 & 19.06.2020. JUDGMENT: UMAR ATA BANDIAL J.- 786 “Surah An Nisa, Verse 135: O YOU who have attained to faith! Be ever steadfast in upholding equity, bearing witness to the truth for the sake of God, even though it be against your own selves or your parents and kinsfolk. Whether the person concerned be rich or poor, God's claim takes precedence over [the claims of] either of them. Do not, then, follow your own desires, lest you swerve from justice: for if you distort [the truth], behold, God is indeed aware of all that you do.” Translation by Muhammad Asad (emphasis supplied) Justice is an article of faith in our religion, whether that may be against our kith and kin or against the rich or poor. However, justice is an abstract concept attainable only where the scales of justice are held by persons (the Judges) who balance these equitably without regard to their personal desires. Indeed, the latter is the duty of the Superior Judiciary by virtue of their Oath to dispense justice without any fear or favour, affection or ill-will (ref: Third Schedule to the Constitution, Oath for Judges of the Superior Courts). This serves as proof that Judges of the Superior Courts are bound to be impartial and are entitled to be independent in the dispensation of justice. 7 Const. P.17 of 2019, etc. 2. In fact, an impartial and independent judiciary is universally recognised as a core value of any civilised democracy. This is evidenced by the international conventions that protect this value as a fundamental right of the people (ref: United Nations Basic Principles on the Independence of Judiciary and The (Montreal) Universal Declaration on the Independence of Justice). The significance of an independent judiciary is also deeply embedded in Pakistan with the Constitution itself guaranteeing in its Preamble that: “…the independence of the judiciary shall be fully secured;” Even this Court in its pronouncements on the meaningful working of the Constitutional scheme of trichotomy of powers has many a times reaffirmed that the judiciary must enjoy the confidence of the litigants and the general public in its impartiality and commitment to dispense justice in accordance with law. A prerequisite for these attributes is the guarantee of the independence of the judiciary, a fact which this Court acknowledged in the case of Muhammad Aslam Awan Vs. Federation of Pakistan (2014 SCMR 1289). The relevant portion which can be found at para-2 is produced below: “2: Judicial independence both of the individual Judge and of the Judiciary as an institution is essential so that those who bring their causes/cases before the Judges and the public in general have confidence that their cases would be decided justly and in accordance with law.
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