FCC leaves SC judges questioning court’s own status


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Police officers walk past Pakistan’s Supreme Court building, in Islamabad, Pakistan, April 6, 2022. REUTERS

ISLAMABAD:

Some Supreme Court judges have made really interesting comments regarding the status of the court after the 27th Constitutional Amendment which created a separate court (the Federal Constitutional Court (FCC)) from the high court to decide constitutional matters, leaving minor cases to the SC.

Last week, during a promotion case hearing, Judge Syed Mansoor Ali Shah joked that he would refer all difficult issues to the FCC now, adding that “we [the SC judges] They are powerless people.” The courtroom erupted in laughter at his comments.

Later, Justice Shah and Justice Athar Minallah tendered their resignations in protest of the constitutional change.

A similar comment was heard on Tuesday during the hearing of a petition filed by a police officer against some adverse remarks made against him by a trial court over the officer’s alleged failure to produce witnesses after registering an FIR.

A division bench comprising Justice Hashim Khan Kakar and Justice Ishtiaq Ibrahim was hearing the plea of ​​police officer Malik Jameel Zafar, who was SP when a Faisalabad court made adverse comments about him.

Zafar, now DIG headquarters, was present in the courtroom along with his lawyer Shah Khawar. During the hearing, Judge Ibrahim stressed that the duty of a police officer is not only to send people to jail, but he must also present witnesses in court.

“The trial judge cannot go personally to bring the witnesses,” he added.

Justice Kakar asked the lawyer if the police officer standing next to him was the DIG. When Shah Khawar responded in the affirmative, Justice Kakar urged people to look at the officer.

“Look at him, he’s standing here scaring us. Brother, we have nothing to lose anyway.” The courtroom erupted in laughter at the judge’s remarks.

The Supreme Court then referred the matter to the Lahore High Court.

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