ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial on Monday said that “bitter” constitutional litigation had impacted the Supreme Court’s performance.

“The court was put to test in a trying contest which was… only hostile and aggressive [and] as a result we sat back and became [its] victim and suffered in performance,” the CJP acknowledged, while speaking at a full court reference.

The CJP pointed out he prayed that political stability would bring economic stability but regretted that his “innocent observations” were sometimes mocked. The term “short and sweet judgement” was turned into sarcasm and his greeting “good to see you” was taken out of context and misreported.

“We expect accurate reporting from media,” he said.

Held inside Courtroom No 1, the ceremony was organised to mark the commencement of judicial year 2023-24, on a day when the SC reopens after three-month summer vacations. Usually at such ceremonies, CJPs take stock of achievements and mention the missed-out targets that would have been realised, along with a to-do list for the next year.

But since he will be doffing his robes on Sept 16, his speech did not carry guidelines to be followed by the court in the remaining year, though he expressed the hope that his successor, Justice Qazi Faez Isa — who will be sworn in on Sept 17 — would devise a better mechanism in entertaining suo motu cases and managing the court’s affairs.

CJP Bandial was all praise for Justice Isa, saying that he was an admirable person for whom he had great respect.

This is the beauty that the Supreme Court today comprised fiercely independent judges having extraordinary intellect, the CJP said, adding when independent mind speaks, difference of opinion definitely emerges.

The CJP expressed the hope that political and constitutional matters will go away so that the court could focus more on disputes concerning ordinary litigants.

Referring to the judgement regarding holding of polls to the Punjab Assembly within 90 days, he observed that none of the judges disputed that elections should not be held within the stipulated period but difficulty arose because it was a political case.

When such things happened, the contest loses its legal character, the CJP regretted.

He cited the example of a 2021 case in which the court had laid down guidelines for entertaining suo motu cases. He observed that during the last nine months, the SC invoked only one case by exercising its suo motu jurisdiction.
He expressed the hope that no one harboured “serious grievance” against him and if someone did, he asked them to let it go.

He said these observations and reflections came straight from his heart and in the end he thanked his brother and sister judges for being kind to him also recognising their generosity, warmness and support. He also appreciated Justice Ayesha Malik and Justice Musarrat Hilali and described them as dynamic ladies who have empowered the court.

During the speech, however, he reminded the audience that during the summer vacations, at least six or seven judges ran the court by hearing cases and writing judgments day in and day out.