LAHORE: In the wake of criticism by politicians from ruling
and opposition parties and a recent statement of National Assembly
Speaker Ayaz Sadiq that he saw a “greater plan” that may restrict the
life of assemblies, Chief Justice of Pakistan Mian Saqib Nisar on
Saturday advised people not to doubt the integrity of the judiciary as
it would never become “part of any plan”.
The CJ’s response came at a seminar a day after the Supreme Court absolved Pakistan Tehreek-i-Insaf chief Imran Khan
of all allegations of corruption, but disqualified his party’s
secretary general Jahangir Tareen under Article 62(1)(f) of the
Constitution.
The same day, another SC bench dismissed an appeal
of the National Accountability Bureau seeking reopening of the
Hudaibya Paper Mills reference involving the Sharif family, especially
Punjab Chief Minister Shahbaz Sharif.
Speaking at the
seminar organised by the Pakistan Bar Council (PBC) here, CJ Nisar
explained that he had no prior knowledge that the judgement in Hudaibya
Paper Mills reference was also fixed for announcement on Friday — the
day he announced the judgement on the petition of a PML-N leader seeking
disqualification of Imran Khan and Mr Tareen.
Terms pronouncement of Hudaibya and disqualification verdicts same day a coincidence
He said it was a coincidence as he had believed in
announcing reserved verdicts within a month and there was also a
judgement on this point.
“You should be proud of the
independence judges are enjoying within the judiciary,” he said, adding
that the decision of the Hudaibya Paper Mills case could have been
different if anyone was able to exert pressure on judges.
“Every
judge is independent and taking his own decisions,” he said, making it
clear that there was no one who could influence or dictate the
judgements.
Expressing serious annoyance with the
perception that the judiciary had become part of any bigger plan or
design, the CJ maintained, “No one has been born yet who could
pressurise the judiciary”.
Likening the role of the
judiciary to a “baba” (an elderly person in village), CJ Nisar said,
“This judiciary is your baba, do not doubt its integrity.” The baba had
not and would not become part of any plan, he added.
He
said the judges made decisions with full honesty and a clear conscience.
He said criticism could be made on the reasoning of decisions but not
against the judges. “Do not hurl abuses at judges if a decision comes
against you.”
Referring to everyday analysis on
television channels, the CJ expressed disappointment, saying people
discussed merits of judgements without carefully reading them. He also
strongly rejected an impression given in the media that there was a
division among the judges of the Supreme Court.
He said
democracy was the main component of the Constitution and “we [judges]
have taken an oath to protect the Constitution”. And the existence of
the Constitution was linked to democracy, he added. “We will never let
down our posterity.”
He regretted that burden of
high-profile political litigation in the Supreme Court had been delaying
justice in cases of the general public.
“I wish
cleaning of political dirt from the Supreme Court’s laundry may take
some rest and I could dispense quick justice among common citizens,” CJ
Nisar said while narrating a case of a poor lady who got her inherited
property after spending the prime of her life.
The chief
justice also hit out at the legal fraternity while responding to the
problems pointed out by the bar’s leaders. He asked the leaders to name
any lawyer who had ever refused a frivolous brief of his client.
He
lamented that lawyers used to file frivolous petitions only to take fee
from their clients and complained with judges when they dismissed those
petitions with cost. He confessed that the delay was the bigger menace
of our judicial system and unfounded litigation multiplied this.
He
also condemned frequent adjournment requests by lawyers on petty
grounds and unnecessary strikes being observed by the bars. He pointed
out with surprise that the bar also observed a strike to celebrate the
victory of the Pakistan cricket team.
The CJ admitted
that wrongs were on both sides — the bench and the bar — and that he was
determined to make them right. He said there must be good training
programmes for the judges and urged the bar to come up with suggestions
for law reform.
Responding to the bar’s reservation on
the appointment process of judges in the higher judiciary, CJ Nisar said
the bar leaders had been wrongly interpreting the words “meaningful
consultation”. He also rejected an allegation of the bar levelled on the
integrity of some of the new appointees.
Senior puisne
judge of the Supreme Court Justice Asif Saeed Khan Khosa, Justice Ijazul
Ahsan and Lahore High Court Chief Justice Syed Mansoor Ali Shah were
present on the occasion.
PBC Vice Chairman Ahsan Bhoon,
Supreme Court Bar Association President Pir Kaleem Khurshid and Azam
Nair Tarar represented the bar and shared problems of the legal
fraternity with the top judges.
Later at a seminar held
in the Punjab Judicial Academy, CJ Nisar hailed the newly introduced
alternative dispute resolution system in Punjab. He said the system was
the need of the hour and could be helpful to minimise burden of
litigation on the courts.
