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CJ Bandial says prerogative to form benches always lies with CJP

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Chief Justice of Pakistan (CJP) Umar Ata Bandial on Friday took exception to “unnecessary” criticism directed at him, saying the prerogative to constitute benches historically lays with the chief justice.

He made these remarks at a full court reference held to bid farewell to Justice Qazi Amin Ahmed of the Supreme Court.

Justice Bandial said the chief justice had been forming benches for the last 20 years. “Why are objections raised without any reason?” He said it is the chief justice who decides which case will be fixed for hearing and which bench will take it up. “If someone has an objection, come and talk to me.”

He went on to say that judges must not be targeted on the basis of hearsay since they cannot respond to criticism. “One can criticise judgments, but not judges.”

The statement from the top judge comes two days after his colleague and the senior most judge on the SC after him, Justice Qazi Faez Isa, wrote a three-page letter to the CJP, questioning the formation of benches without incorporating senior judges.

Before the CJP, Supreme Court Bar Association (SCBA) President Ahsan Bhoon addressed the gathering and said the principles of meaningful and purposeful appointments to the top court should be formulated. He observed that qualified lawyers like Justice Qazi Amin should be appointed as judges of the Supreme Court.

 

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