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Army Can't Break Brave, Resilient Imran Khan: CJ Bandial Tells Journalists
____________________________________________________________________
Chief Justice of Pakistan Umar Ata Bandial has finally confirmed what many had suspected for long, his efforts to build in the highest court of the land a block of like-minded judges who are beholden to him — and at times, he is beholden to them — his thoughts about brother judges, external pressures on the court and an inkling into his political leanings.
These revelations were made by journalist Asad Ali Toor in his vlog Asad Ali Toor Uncensored on Monday evening.
Toor, in his explosive vlog, said that these candid views of the top jurist in the country were presented not in a private gathering or even before his fellow judges, rather these revelations came in a meeting between CJP Bandial and certain court reporters and YouTubers. The meeting, sources confirmed, took place a day before Eidul Azha and included Siddique Jan, Ahmad Adeel Sarfaraz and Abid Andaleeb.
Toor, in his vlog, said that during this meeting, several topics came under discussion, including the military and the pressure it has been allegedly exerting on judges, the Pakistan Tehreek-e-Insaf and its chairman Imran Khan, brother judges and other issues.
Does CJP Bandial have political leaning?
During the conversation, CJP Bandial was asked about the PTI, the aftermath of May 9 and what he thought could happen to former prime minister Imran Khan.
At this, CJP Bandial is reported to have remarked that the military will fail in its efforts.
Imran Khan is so resilient and brave, and that the army will never be able to break him. The army has no idea who they’re dealing with, CJP Bandial reportedly said.
Groups of judges operating in SC?
According to Toor, CJP Bandial all but conceded that he had created a group of seven judges aligned with him in the top court.
He said that only he and his group of eight judges were willing to work while all other judges in the apex court were busy with politics.
We’re trying to work, but these judges are not letting us, the Chief Justice reportedly said.
The chief justice added that he was a simple man with no interest or skills in playing politics. Rather, it was the other group of judges doing politics against him.
Pressures from the military?
In response to a question, CJP Bandial reportedly told those at the meeting that the judiciary was facing ‘unimaginable’ pressure from the military, with several of his judges being harassed.
Almost all the judges from Islamabad High Court (Except Chief Justice Aamer Farooq and Justice Arbab Muhammad Tahir) recently came to see me and complained that they’re facing immense pressures from the military and that they were being harassed, he said.
CJP Bandial reportedly advised them to stand firm and refuse to budge.
He pointed to Justice Mohsin Akhtar Kayani and the reference filed against him recently.
The top judge said that when he was recently attending the funeral of Justice Qazi Muhammad Amin, he met Justice Mohsin Akhtar Kayani and patted him on the back, urging him to stand firm and assuring him of the CJP’s full support.
CJP Bandial said he told Justice Kiyani that he was a lion and that he should stand fast.
There’s no need to worry. They can’t do anything against him, CJP Bandial reportedly remarked.
CJP Bandial though expressed his anger and frustration at the pressure on and harassment of judges by the military.
Judgements to ‘fix’ govt
CJP Bandial also did not mince words about the government.
He told the gathering that he had written some judgements and that these judgements, when they are reported, would ‘fix’ the government.
Justice Mazahar Ali Akbar Naqvi reference
The chief justice, according to Toor, said in the meeting that Justice Mazahar Ali Akbar Naqvi was a ‘neat and clean’ judge, but the ‘other group’ was using a reference against the SC judge only for the sake of politics.
“Now I’ve referred it to Sardar Tariq Masood. He has had the file for over a month now. He will find nothing in that file,” he added.
Testing Justice Sardar Tariq Masood
On the Panama Leaks case, recently marked to Sardar Tariq Masood, the chief justice said that he deliberately gave it to the third most senior judge in the court only to test him.
It was a case of Article 184(3) case. I wanted to see what he does in this case,” CJP Bandial said, adding that given Justice Masood’s decisions on the Panama Case, he knew what he would do in the military courts’ case as well because he had already tested him, he reportedly said.
Imran Riaz Khan will return soon
When those present in the meeting asked CJP Bandial about missing journalist Imran Riaz Khan’s abduction, the top judge expressed optimism and disclosed that it was the military’s ‘modus operandi’.
When the agencies have admitted they do not know where a particular missing person is but that they will look for him, that means they are about to produce him, CJP Bandial reportedly offered.
He asked those at the gathering not to worry and that Imran Riaz Khan will turn up soon.
Some journalists told CJP Bandial that the missing journalist’s family is being put under immense pressure. Guarantees are being sought from the family that upon his return, Imran Riaz Khan will not record or post vlogs for at least six months, nor will he use any form of social media.
At this CJP Bandial noted that it was quite an unfortunate situation and that this matter had turned into something else altogether.
Justice Mansoor Ali Shah a hypocrite
Commenting on ‘brother’ judges from the ‘opponent group’, Chief Justice Bandial said that Justice Mansoor Ali Shah was a ‘hypocrite’.
Narrating a story of the day the judges all came out and planted a sapling in the Supreme Court, CJP Bandial said that he was in his chamber writing a judgement along with Justice Athar Minallah when Justice Shah came in and asked him to come to plant the sapling.
When CJP Bandial attempted to excuse himself from it, given the task at hand, he added that Justice Shah told him that a crowd was waiting for the CJP to plant the sapling.
CJP Bandial said he grudgingly agreed. But when he stepped out of his chamber, Justice Shah went and stood outside the chamber of Justice Isa, stating that the senior-most judge would also be joining.
Hence a photo-op was created to show that the judges of the Supreme Court are united.
CJP Bandial further claimed that Justice Shah was involved in childish antics.
Dropping curative review against Justice Qazi Faez Isa
Commenting on Justice Qazi Faez Isa, CJP Bandial said that he had reviewed the curative review reference against the senior-most judge of the Supreme Court, Justice Qazi Faez Isa.
He said that he had also reviewed the precedent available for curative review. He noted that curative reviews are maintainable where one party has not been heard, or bias can be proved.
CJP Bandial said that he had already drafted a judgement on the subject in his mind and would be writing it soon. He further expressed that he is likely to dismiss it soon.
The federal government has already expressed its desire to withdraw the curative review against Justice Isa.
When asked whether the reference against Justice Isa is a cause for his alleged animosity towards CJP Bandial, the top judge said that that was a factor, but he defended his actions in hearing the review, stating that they did no injustice with Justice Isa.
There was an allegation over a brother judge, and all we did was ask him for his reply, CJP Bandial stated. He added that when Serena Isa came to the court and complained that the Federal Board of Revenue (FBR) was not listening, we told her to go speak to the FBR.
We did justice with her, he reportedly said.
However, he expressed his frustration with the senior-most judge, terming him the biggest thorn in his side for the duration of his tenure.
I already know what Justice Qazi Faez Isa will do after becoming the chief justice.
You will see what he does to you and the media, CJP Bandial said.
He went on to say that Justice Isa went to the parliament without consulting him.
But when Justice Isa was slammed by the media for attending the session and sitting next to government members, he came to CJP Bandial to save himself.
I told him not to worry and just issue a clarification.
Then similarly, when a video of Justice Isa surfaced from a private event where Justice Isa appeared to turn away from CJP Bandial, the top judge said that the senior-most judge came to him again to complain.
CJP Bandial said that Justice Isa asked him to issue a clarification on the matter. However, CJP Bandial said that the video related to Justice Isa and that it was he who should issue the clarification.
The top judge said that Justice Isa subsequently issued a clarification.
In the military courts’ case where Justice Isa and Justice Masood recused themselves from the bench, CJP Bandial said that after the hearing ended and he exited the courtroom, he ran into Justice Isa.
CJP Bandial claimed that Justice Isa asked him what the top judge would do now. At this, CJP Bandial said that he told Justice Isa that bench would continue to hear the case.
Justice Isa then asked which judges would hear the case. CJP Bandial said that he told the senior-most judge that the remaining judges would hear it, including Justice Shah and Justice Yahya Afridi. CJP Bandial stated that this shocked Justice Isa.
CJP Bandial said that both Justice Shah and Justice Afridi still want to do some ‘work’, but Justice Isa and others attempt to distract them.
On military courts, when CJP Bandial was asked why he did not constitute a full court bench to hear the case, the top judge retorted that it was a full court bench and that he created a bench out of all the judges available to him.
CJP Bandial further said that he elevated Justice Musarrat Hilali on the insistence of Justice Isa.
The top judge said that a while ago, he had created criteria for promoting judges and that apart from competence, he said he also gauges their temperament.
CJP Bandial said that he had reservations over the temperament of Justice Hilali. However, CJP Bandial said that Justice Isa came to him and said that since CJP Bandial will be retiring soon and that he, Justice Isa, would be taking up the mantle as the chief justice, Justice Hilali would be his headache, so she should be elevated.
Subsequently, CJP Bandial said he approved Justice Hilali’s elevation to the Supreme Court.
Justice Shaikh’s Promotion sacrificed for CJP’s group
On the elevation of Justice Ahmed Ali M. Shaikh, CJP Bandial said that he was in favour of elevating the chief justice of Sindh High Court.
He explained that his predecessor Chief Justice Gulzar Ahmed, was of the opinion that Chief Justice Shaikh was a financially corrupt individual. A similar view was held by Justice Sajjad Ali Shah.
CJP Bandial said that he then conducted an independent investigation into whether Chief Justice Shaikh was corrupt, but he failed to come across any evidence that proved Justice Shaikh was corrupt.
The top judge said that he then asked Chief Justice Shaikh about the recruitments he had authorized in the judiciary from Sindh.
CJP Bandial said that this angered Chief Justice Shaikh, who retorted that it is the Sindh High Court and that he could only recruit locals. CJP Bandial said that this struck him as an upright view.
On another occasion, CJP Bandial said that during a meeting of the Judicial Commission to appoint judges in the Sindh High Court. Since Sindh’s Chief Minister Murad Ali Shah was also in that meeting, he complained to the chief justice of Pakistan that Chief Justice Shaikh does not listen to the provincial government.
CJP Bandial said that when he asked Chief Justice Shaikh about the matter, the latter retorted that the provincial government only seek favours and I do not give any favours.
The top judge said that he was all but convinced about elevating him. The one thing that perturbed him, however, was that Chief Justice Shaikh did not have a reported judgement for three years.
CJP Bandial said that When the matter was raised with Chief Justice Shaikh, he sought time and within a month, his judgements started being reported.
After Chief Justice Shaikh’s name was suggested by Justice Isa, CJP Bandial said that he was about to elevate him.
However, CJP Bandial said that what ultimately changed his mind was that two judges from his group approached him and asked him not to elevate Chief Justice Shaikh and that he had no choice left.
Toor suggested that CJP Bandial had indicated that the two judges who advised him against elevating Chief Justice Shaikh were Justices Munib Akhtar and Muhammad Ali Mazhar.
Complains against journalists
CJP Bandial also expressed dissatisfaction with some journalists including Matiullah Jan, Abdul Qayyum Siddiqui, and Hasnaat Malik.
Naming Hasnaat Malik, he pointed to a story of the reporter associated with The Express Tribune, expressing his displeasure with it.
Watch the full vlog below
- CJP Bandial hails PTI Chairman Imran Khan as ‘brave’ and ‘resilient’
- CJP Bandial accuses a group of judges of playing politics and not letting his like-minded judges work
- Says there is ‘unimaginable’ pressure on him and other judges from military
- CJP Bandial says he has written some judgements that will ‘fix’ the govt in coming days
- Expresses optimism over return of journalist Imran Riaz Khan but expresses situation is unfortunate
- Terms reference against Justice Mazahar Ali Naqvi as without concrete proof
- Discloses Panama Case given to Sardar Tariq Masood as a test
- Suggests curative review against Justice Isa likely to be dropped
- Says Justice Isa biggest problem for him during his tenure
- Concedes he gave up idea to elevate Justice Ahmed Ali Shaikh on insistence from judges of his group
____________________________________________________________________
Chief Justice of Pakistan Umar Ata Bandial has finally confirmed what many had suspected for long, his efforts to build in the highest court of the land a block of like-minded judges who are beholden to him — and at times, he is beholden to them — his thoughts about brother judges, external pressures on the court and an inkling into his political leanings.
These revelations were made by journalist Asad Ali Toor in his vlog Asad Ali Toor Uncensored on Monday evening.
Toor, in his explosive vlog, said that these candid views of the top jurist in the country were presented not in a private gathering or even before his fellow judges, rather these revelations came in a meeting between CJP Bandial and certain court reporters and YouTubers. The meeting, sources confirmed, took place a day before Eidul Azha and included Siddique Jan, Ahmad Adeel Sarfaraz and Abid Andaleeb.
Toor, in his vlog, said that during this meeting, several topics came under discussion, including the military and the pressure it has been allegedly exerting on judges, the Pakistan Tehreek-e-Insaf and its chairman Imran Khan, brother judges and other issues.
Does CJP Bandial have political leaning?
During the conversation, CJP Bandial was asked about the PTI, the aftermath of May 9 and what he thought could happen to former prime minister Imran Khan.
At this, CJP Bandial is reported to have remarked that the military will fail in its efforts.
Imran Khan is so resilient and brave, and that the army will never be able to break him. The army has no idea who they’re dealing with, CJP Bandial reportedly said.
Groups of judges operating in SC?
According to Toor, CJP Bandial all but conceded that he had created a group of seven judges aligned with him in the top court.
He said that only he and his group of eight judges were willing to work while all other judges in the apex court were busy with politics.
We’re trying to work, but these judges are not letting us, the Chief Justice reportedly said.
The chief justice added that he was a simple man with no interest or skills in playing politics. Rather, it was the other group of judges doing politics against him.
Pressures from the military?
In response to a question, CJP Bandial reportedly told those at the meeting that the judiciary was facing ‘unimaginable’ pressure from the military, with several of his judges being harassed.
Almost all the judges from Islamabad High Court (Except Chief Justice Aamer Farooq and Justice Arbab Muhammad Tahir) recently came to see me and complained that they’re facing immense pressures from the military and that they were being harassed, he said.
CJP Bandial reportedly advised them to stand firm and refuse to budge.
He pointed to Justice Mohsin Akhtar Kayani and the reference filed against him recently.
The top judge said that when he was recently attending the funeral of Justice Qazi Muhammad Amin, he met Justice Mohsin Akhtar Kayani and patted him on the back, urging him to stand firm and assuring him of the CJP’s full support.
CJP Bandial said he told Justice Kiyani that he was a lion and that he should stand fast.
There’s no need to worry. They can’t do anything against him, CJP Bandial reportedly remarked.
CJP Bandial though expressed his anger and frustration at the pressure on and harassment of judges by the military.
Judgements to ‘fix’ govt
CJP Bandial also did not mince words about the government.
He told the gathering that he had written some judgements and that these judgements, when they are reported, would ‘fix’ the government.
Justice Mazahar Ali Akbar Naqvi reference
The chief justice, according to Toor, said in the meeting that Justice Mazahar Ali Akbar Naqvi was a ‘neat and clean’ judge, but the ‘other group’ was using a reference against the SC judge only for the sake of politics.
“Now I’ve referred it to Sardar Tariq Masood. He has had the file for over a month now. He will find nothing in that file,” he added.
Testing Justice Sardar Tariq Masood
On the Panama Leaks case, recently marked to Sardar Tariq Masood, the chief justice said that he deliberately gave it to the third most senior judge in the court only to test him.
It was a case of Article 184(3) case. I wanted to see what he does in this case,” CJP Bandial said, adding that given Justice Masood’s decisions on the Panama Case, he knew what he would do in the military courts’ case as well because he had already tested him, he reportedly said.
Article 184 Original Jurisdiction of Supreme Court
(3) Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved, have the power to make an order of the nature mentioned in the said Article.
Imran Riaz Khan will return soon
When those present in the meeting asked CJP Bandial about missing journalist Imran Riaz Khan’s abduction, the top judge expressed optimism and disclosed that it was the military’s ‘modus operandi’.
When the agencies have admitted they do not know where a particular missing person is but that they will look for him, that means they are about to produce him, CJP Bandial reportedly offered.
He asked those at the gathering not to worry and that Imran Riaz Khan will turn up soon.
Some journalists told CJP Bandial that the missing journalist’s family is being put under immense pressure. Guarantees are being sought from the family that upon his return, Imran Riaz Khan will not record or post vlogs for at least six months, nor will he use any form of social media.
At this CJP Bandial noted that it was quite an unfortunate situation and that this matter had turned into something else altogether.
Justice Mansoor Ali Shah a hypocrite
Commenting on ‘brother’ judges from the ‘opponent group’, Chief Justice Bandial said that Justice Mansoor Ali Shah was a ‘hypocrite’.
Narrating a story of the day the judges all came out and planted a sapling in the Supreme Court, CJP Bandial said that he was in his chamber writing a judgement along with Justice Athar Minallah when Justice Shah came in and asked him to come to plant the sapling.
When CJP Bandial attempted to excuse himself from it, given the task at hand, he added that Justice Shah told him that a crowd was waiting for the CJP to plant the sapling.
CJP Bandial said he grudgingly agreed. But when he stepped out of his chamber, Justice Shah went and stood outside the chamber of Justice Isa, stating that the senior-most judge would also be joining.
Hence a photo-op was created to show that the judges of the Supreme Court are united.
CJP Bandial further claimed that Justice Shah was involved in childish antics.
Dropping curative review against Justice Qazi Faez Isa
Commenting on Justice Qazi Faez Isa, CJP Bandial said that he had reviewed the curative review reference against the senior-most judge of the Supreme Court, Justice Qazi Faez Isa.
He said that he had also reviewed the precedent available for curative review. He noted that curative reviews are maintainable where one party has not been heard, or bias can be proved.
CJP Bandial said that he had already drafted a judgement on the subject in his mind and would be writing it soon. He further expressed that he is likely to dismiss it soon.
The federal government has already expressed its desire to withdraw the curative review against Justice Isa.
When asked whether the reference against Justice Isa is a cause for his alleged animosity towards CJP Bandial, the top judge said that that was a factor, but he defended his actions in hearing the review, stating that they did no injustice with Justice Isa.
There was an allegation over a brother judge, and all we did was ask him for his reply, CJP Bandial stated. He added that when Serena Isa came to the court and complained that the Federal Board of Revenue (FBR) was not listening, we told her to go speak to the FBR.
We did justice with her, he reportedly said.
However, he expressed his frustration with the senior-most judge, terming him the biggest thorn in his side for the duration of his tenure.
I already know what Justice Qazi Faez Isa will do after becoming the chief justice.
You will see what he does to you and the media, CJP Bandial said.
He went on to say that Justice Isa went to the parliament without consulting him.
But when Justice Isa was slammed by the media for attending the session and sitting next to government members, he came to CJP Bandial to save himself.
I told him not to worry and just issue a clarification.
Then similarly, when a video of Justice Isa surfaced from a private event where Justice Isa appeared to turn away from CJP Bandial, the top judge said that the senior-most judge came to him again to complain.
CJP Bandial said that Justice Isa asked him to issue a clarification on the matter. However, CJP Bandial said that the video related to Justice Isa and that it was he who should issue the clarification.
The top judge said that Justice Isa subsequently issued a clarification.
In the military courts’ case where Justice Isa and Justice Masood recused themselves from the bench, CJP Bandial said that after the hearing ended and he exited the courtroom, he ran into Justice Isa.
CJP Bandial claimed that Justice Isa asked him what the top judge would do now. At this, CJP Bandial said that he told Justice Isa that bench would continue to hear the case.
Justice Isa then asked which judges would hear the case. CJP Bandial said that he told the senior-most judge that the remaining judges would hear it, including Justice Shah and Justice Yahya Afridi. CJP Bandial stated that this shocked Justice Isa.
CJP Bandial said that both Justice Shah and Justice Afridi still want to do some ‘work’, but Justice Isa and others attempt to distract them.
On military courts, when CJP Bandial was asked why he did not constitute a full court bench to hear the case, the top judge retorted that it was a full court bench and that he created a bench out of all the judges available to him.
CJP Bandial further said that he elevated Justice Musarrat Hilali on the insistence of Justice Isa.
The top judge said that a while ago, he had created criteria for promoting judges and that apart from competence, he said he also gauges their temperament.
CJP Bandial said that he had reservations over the temperament of Justice Hilali. However, CJP Bandial said that Justice Isa came to him and said that since CJP Bandial will be retiring soon and that he, Justice Isa, would be taking up the mantle as the chief justice, Justice Hilali would be his headache, so she should be elevated.
Subsequently, CJP Bandial said he approved Justice Hilali’s elevation to the Supreme Court.
Justice Shaikh’s Promotion sacrificed for CJP’s group
On the elevation of Justice Ahmed Ali M. Shaikh, CJP Bandial said that he was in favour of elevating the chief justice of Sindh High Court.
He explained that his predecessor Chief Justice Gulzar Ahmed, was of the opinion that Chief Justice Shaikh was a financially corrupt individual. A similar view was held by Justice Sajjad Ali Shah.
CJP Bandial said that he then conducted an independent investigation into whether Chief Justice Shaikh was corrupt, but he failed to come across any evidence that proved Justice Shaikh was corrupt.
The top judge said that he then asked Chief Justice Shaikh about the recruitments he had authorized in the judiciary from Sindh.
CJP Bandial said that this angered Chief Justice Shaikh, who retorted that it is the Sindh High Court and that he could only recruit locals. CJP Bandial said that this struck him as an upright view.
On another occasion, CJP Bandial said that during a meeting of the Judicial Commission to appoint judges in the Sindh High Court. Since Sindh’s Chief Minister Murad Ali Shah was also in that meeting, he complained to the chief justice of Pakistan that Chief Justice Shaikh does not listen to the provincial government.
CJP Bandial said that when he asked Chief Justice Shaikh about the matter, the latter retorted that the provincial government only seek favours and I do not give any favours.
The top judge said that he was all but convinced about elevating him. The one thing that perturbed him, however, was that Chief Justice Shaikh did not have a reported judgement for three years.
CJP Bandial said that When the matter was raised with Chief Justice Shaikh, he sought time and within a month, his judgements started being reported.
After Chief Justice Shaikh’s name was suggested by Justice Isa, CJP Bandial said that he was about to elevate him.
However, CJP Bandial said that what ultimately changed his mind was that two judges from his group approached him and asked him not to elevate Chief Justice Shaikh and that he had no choice left.
Toor suggested that CJP Bandial had indicated that the two judges who advised him against elevating Chief Justice Shaikh were Justices Munib Akhtar and Muhammad Ali Mazhar.
Complains against journalists
CJP Bandial also expressed dissatisfaction with some journalists including Matiullah Jan, Abdul Qayyum Siddiqui, and Hasnaat Malik.
Naming Hasnaat Malik, he pointed to a story of the reporter associated with The Express Tribune, expressing his displeasure with it.
Watch the full vlog below
Journalist Makes Shocking Claims About Meeting Between CJP And YouTubers - The Friday Times - Naya Daur
CJP Umar Ata Bandial talks about politics, groups in judiciary, external pressures faced by the judiciary, and his views on specific judges
www.thefridaytimes.com