It is seldom that a judge, that too the Chief Justice of the Supreme Court, is seen or heard to be emotional. This was also seen and heard during the hearing of the case of postponement of the election in the Supreme Court for the past few days.
A day ago, in a courtroom full of lawyers, journalists and politicians, the voice of Chief Justice of Pakistan Umar Atta Bandyal suddenly trembled when he was talking about the influence of the judiciary by people appointed in important positions and being targeted on the basis of audio leaks.
It is seldom that a judge, that too the Chief Justice of the Supreme Court, is seen or heard to be emotional. This was also seen and heard during the hearing of the case of postponement of the election in the Supreme Court for the past few days.
A day ago, in a courtroom full of lawyers, journalists and politicians, the voice of Chief Justice of Pakistan Umar Atta Bandyal suddenly trembled when he was talking about the influence of the judiciary by people appointed in important positions and being targeted on the basis of audio leaks. .
Then his voice faltered and for a few seconds everyone in the court thought he might have misheard.
Everyone looked at each other and asked if the Chief Justice was really upset. Most people felt that he was making his point through his remarks, which drew heavy criticism from him and the top judiciary for two days.
Everyone looked at each other and asked if the Chief Justice was really upset. Most people felt that he was making his point through his remarks, which drew heavy criticism from him and the top judiciary for two days.
The controversy started a day earlier on March 30 when Justice Aminuddin excused himself from being part of the bench as soon as the hearing began.
The reason for this apology was a decision given by Justice Qazi Faiz Isa in the evening a day earlier in which he objected to the special bench constituted by the Chief Justice and the unnecessary use of Section 3-184. .
After Justice Aminuddin’s apology, there were reports of a ‘crack in the bench’ for the whole day. And also that ‘how Justice Qazi Faiz Isa dominated the bench despite not being a part of the bench.’
During all these discussions, many lawyers also criticized the court’s interference in political matters.
Now began an endless series of questions: ‘Will this bench hear again?’, ‘Will another judge be made part of the bench?’ .Journalists sometimes spent time in the courtroom, sometimes in the hallway and sometimes in the corner whispering on the phone. People like me sat back in the courtroom, who felt that any news that could be found could be found here.
By that time the leaders of Pakistan Tehreek-e-Insaaf had waited for the whole day while the government lawyers were sitting.
While doing so, at four o’clock, a deputy messenger entered the court with a file, which was surrounded by all the curious people.
Somehow when he reached the rostrum, he read out the court order that tomorrow the bench will hear again but Justice Aminuddin will not be included in this bench. Everyone left satisfied that the same bench will hear tomorrow.
On the second day (March 31), when the hearing started at 11:30, after a few seconds of silence, Justice Jamal Mandukhel also excused himself from being a part of the bench.
The journalists who reached the courtroom with difficulty putting their phones outside had to run out once again to tell their respective institutions as soon as possible that ‘the bench has broken again’ and some kept asking the question: ‘How long will this bench continue to break? Only three judges are left.
After hearing the apology from Justice Jamal Mandukhel, I remembered what I had seen the day before.
On March 30, when Justice Aminuddin apologized, Justice Mandukhel also wanted to say something. But as all the judges were getting up and going outside, they also left. It was quite possible that Justice Mandukhel’s apology would come a day earlier.
But well, it was all supposed to happen one day later.
Now it was informed that the hearing will start after Friday prayers at 2 o’clock.
Now when the hearing started after the break, then everyone’s hopes were a little higher that now there will be a ‘drama’.
It must also be clarified here that most of the ‘drama’ was seen through judgments and apologies rather than words. And no one had any idea that the Chief Justice would become emotional during all these talks.
While a few people were a little surprised, Election Commission lawyer Irfan Qadir was quietly watching all these scenes.
On getting an opportunity, he pleaded with the court that the position of the Election Commission was not fully heard. I have been coming for many days and after sitting for many hours I get a chance to speak for only three minutes. If you can be emotional, so can we.’
Chief Justice Bandyal, who had controlled his emotions till now, told Irfan Qadir that he will listen to you too, you have asked for three minutes.
After that, he asked Attorney General Mansoor Usman to finish his speech.
“Here and there, I got emotional,” said the Chief Justice, taking things forward.
The Chief Justice must have been emotional, but sitting on either side of him, Justice Manib Akhtar and Justice Ijaz-ul-Ahsan were asking questions on emotionless questions.
And after some time it was clear that the elections will be held. They may not be on the date given by the President. But the date will be given by the court.
One of the reasons for this is that many times during the hearing in these three days, the Chief Justice said to the government leaders and PTI members that ‘Either you decide among yourselves or else we will give you the decision.’
Now the thing to think about is that if the court makes a decision, will it be implemented?
As the chairman of the Pakistan Bar Council, Hasan Raza Pasha, said as the hearing began on March 31, “Things have become very political, my lord. Can there be a third way?”