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Police officers walk past the Supreme Court of Pakistan building, in Islamabad, Pakistan April 6, 2022. REUTERS
ISLAMABAD:
Some Supreme Court Justices have made some very interesting comments regarding the status of the Court after the 27th Constitutional Amendment which created a separate court – the Federal Constitutional Court (FCC) – outside the Supreme Court to decide constitutional questions, leaving lesser cases to the SC.
Last week, during a hearing on a promotion case, Judge Syed Mansoor Ali Shah joked that he would now refer all difficult questions to the FCC, while adding that “we [the SC judges] are helpless people anyway.” The courtroom burst into laughter at his remarks.
Justices Shah and Athar Minallah subsequently resigned in protest against the constitutional amendment.
A similar remark was heard on Tuesday during the hearing of a petition filed by a police officer against certain 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 the police officer, Malik Jameel Zafar, who was SP when a Faisalabad court made adverse remarks about him.
Zafar, now the DIG headquarters, was present in the courtroom with his lawyer Shah Khawar. During the hearing, Justice Ibrahim noted that a police officer’s duty is not only to send people to prison: he is also expected to present witnesses in court.
“The trial judge himself cannot go and call the witnesses himself,” 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 take a look at the officer.
“Look at him, he’s here and 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 case to the Lahore High Court.
