-
CJP snubs criticism of judiciary, says not part of any ‘grand plan’
-
Urges critics to stop doubting integrity of the judiciary over judgements deemed unfavourable
-
Says judiciary has vowed to protect the Constitution and would continue to uphold democracy
LAHORE: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Saturday hit out at those criticising the judiciary for issuing judgements that they deemed unfavourable, saying that they should stop doubting the integrity of the judiciary.
While addressing a Pakistan Bar Council’s seminar on Saturday, Justice Nisar said he wasn’t aware that the verdict in the Hudaibya Paper Mills reference appeal would also be announced on Friday — the same day that a Supreme Court (SC) bench, led by the chief justice, issued the judgement in the Imran Khan and Jahangir Tareen disqualification cases.
He said that the judgements on the petitions against Khan and Tareen were announced on Friday because he has a “passion” to issue verdicts within a month.
“If someone had been able to dictate [the judges], the Hudaibiya judgement would not have turned out the way it did,” he pointed out.
“All the judges are independent and can take their own decisions.”
Referring to the “analysis on TV channels in the evenings”, he said that the perception that there was some kind of division within the SC was false and the judiciary has become a part of a bigger plan or design.
‘DON’T DOUBT BABA’S INTEGRITY’:
Referring to the judiciary using the analogy of a baba (village elder), he said: “The judiciary is your baba… do not doubt its integrity,” he said.
“Judiciary is akin to an elder, wise person whose advice everyone seeks,” remarked the CJP.
“We have made all decisions independently with our conscience,” he remarked, adding that people should stop criticising the judiciary for verdicts against them. The people who review or comment on decisions of the court should read the verdict first, he said.
Without naming any names, he said, “If a decision is issued against you, don’t abuse [the judiciary] by saying the Baba has become a part of a design or a grand plan.
“The baba has neither become a part [of a plan], and neither will it,” he said, stressing that judiciary is working independently without any pressure
The chief justice those against whom a judgement has been issued have the right to criticise the reason behind the verdict, but “where have the plans emerged from? where have the pressures come from?”
The chief justice said no one has been born yet who can dictate the court on what line to take in deciding a case.
He said the judiciary and lawyers will have make joint efforts to provide cheap justice to the common man.
Emphasising the importance of democracy, Justice Nisar said that the judiciary has vowed to protect the Constitution and would continue to uphold democracy.
“All organs of the state are integrated and linked with democracy. If there is no democracy then we will have no Constitution. We have taken an oath to protect the Constitution. It is our responsibility to protect the Constitution,” remarked the CJP.
On the problems faced by the judicial system, he said: “Delay is the biggest vice of our system.” He also said that some lawyers charge an exorbitant amount from the people.
“Some lawyers charge as much as Rs15million,” he pointed out, urging that justice should be dispensed at a lower amount. “Give a 50 per cent discount to the people,” he added.
Speaking about the judges’ appointment issue, he said that it has been pointed out that some appointments are incompetent. He reasoned that the process of making an appointment requires feedback from bar members, government, and then the judges. “We ask the bar first because we don’t want judges’ viewpoint to affect bar.”
The CJP shared that judges are evaluated on three main qualities; integrity, knowledge of law and conduct. “Integrity is the most important thing for a judge.”
However, he clarified his stance that judges’ competency will be reviewed but he won’t allow appointments to increase membership of a certain party. “Most people want to bring their own person so they challenge the current appointments,” he said, sternly adding, “I will not endorse such appointments.”
He accepted that it is possible some incompetent people were hired. “But we must investigate how we let this happen.”
The CJP remarked that the conditions are quite hard for judges these days, adding, “it has become hard for a judge to survive”.
“It is my responsibility to improve the intuition. However, I want utmost honesty and honesty of purpose from both lawyers and judges,” said the CJP.
The chief justice asked the bench and the bar to give their best for one year to bring a change in the disposal of cases. He appealed to the lawyers to pay attention to cases rather than the fee.
The CJP further said that during the last year, two benches were listening important cases in Islamabad and he had to deploy judges at Peshawar, Quetta and Karachi Registries for hearing of cases there.
Chief Justice Nisar was of the opinion that political cases should not be brought to the SC so that the apex court has enough time for the masses, citing the example of a property case in which the widow got justice after 17 years.