Govt wants to paralyse judiciary: CJ

LAHORE: Chief Justice Mian Saqib Nisar on Saturday expressed dismay over the federal government’s inability to increase the number of judges at the Islamabad High Court.

A two-member bench headed by the CJ was hearing a case regarding shortage of judges at the IHC at Lahore Registry. Justice Ijazul Ahsan was the other judge on the bench. Additional Attorney General Ishtiaq AS Khan was present.

The CJ rebuked the additional attorney general and observed that the government wanted to paralyze judiciary. “I had written a letter to the federal government during the tenure of interim set-up but no progress has been made so far,” he said and pointed out that only four judges were presently working at the IHC and were unable to cope with a huge burden of cases.

The CJ had recommended increasing the number of judges from seven to ten in the IHC. Replying to a court query, AAG Ishtiaq A Khan said a law was drafted in the light of the CJ’s recommendations but the opposition parties declined to support or vote in favour of the bill in the National Assembly. He said the government also pondered to increase number of judges through presidential ordinance but a constitutional bar stopped it from doing so. Under Article 89 of the Constitution, the president was barred to issue an ordinance while the National Assembly or the Senate was in session, he added. Khan pointed out that the IHC was working with four judges because three seats were lying vacant. He requested the CJ to fill the three seats at once so that the IHC could start working with its full sanctioned strength of seven judges. He said it would lessen the burden over judges presently working in the IHC. The CJ also heads the judicial commission for the appointment of judges in high and supreme courts.

At this, the CJ remarked he might ask the SC registrar to seek explanation from the government or SC itself would take a suo motu action. He asked the federal law officer to take up the issue with the federal government and come up with some viable solution.

JJVL Case: The supreme court on Saturday allowed resumption of the Jamshoro Joint Venture Limited (JJVL), a private-sector gas processing plant, from Dec 31 after a chartered accountant firm told it that the execution of an agreement between the company and the Sui Southern Gas Company (SSGC) had been started.

A representative of M/s A.F Ferguson, the chartered accountant firm, stated before the two-judge bench that the JJVL had paid Rs 600 million to the SSGS out of its liability worth Rs1.5 billion. He said the remaining amount would be paid by the second month of 2019.

Advocate Khwaja Ahmad Tariq Rahim, the counsel of the joint venture, asked the court to allow functioning of the plant. He pointed out that over 70,000 ton Liquefied Petroleum Gas (LPG) had been imported by Pakistan after the closure of the JJVL.

On the previous hearing, Chief Justice Mian Saqib Nisar had ordered Iqbal Z. Ahmad of the JJVL to pay Rs 1.5 billion to the SSGC as admitted liability. The chief justice had asked Ahmad to pay the nation’s money if he wanted to get his plant restored.

The chief justice had reminded Ahmad that he had been earning billions of rupees under the garb of stay orders obtained years ago. The CJP had observed that the court would not pass any order contrary to national interests.

Public interest cases: Chief Justice Mian Saqib Nisar, who is due to retire on January16, on Saturday said the supreme court had disposed of 107,000 cases of public interest during his stint in office. He said it was his constitutional obligation to serve the people of Pakistan and he tried his level best. He pointed out that he tried to set an example by taking action against his relatives as well. “I want to dispel the impression that decisions are taken on the basis of favoritism or nepotism.”

The CJ gave the remarks while hearing a case pertaining to the appointment of Tahir Pervez as director general legal of Railways.

Addressing Tahir Pervez, the CJ said: “Your brother was his relative but he would decide the case on merit.”

The Pakistan Railways had terminated Pervez’s contract but he had secured a stay order from the Lahore High Court a couple of months ago.

The chief justice had taken a notice after Federal Minister for Railways Sheikh Rasheed, on the previous hearing, had told the court that he was a powerless minister as he could not change even a legal adviser.

The CJ remarked that a contract between a client and a lawyer would be considered terminated once the client wanted to change his lawyer.

A railway official told the court Pervez had availed extension in his contract for three times.

The CJ directed the LHC to fix the case by Monday and decide the same in one week.

Sh Rashid started appreciating the CJ’s endeavours for the nation , however, the CJ stopped him from doing. “I feel irritated when someone starts admiring me. It is my duty and I am doing it.”

Safe City case :The supreme court on Saturday restrained the National Accountability Bureau (NAB) from recovering salaries from the officials of the Punjab Safe Cities Authority (PSCA).

PSCA Managing Director Ali Amir Malik and its Chief Operating Officer Akbar Nasir Khan had filed a petition seeking review of an earlier order of the court regarding the recovery of amount they received above and beyond their regular salaries.

The officers contended through their counsel that they had been lawfully appointed after an approval of the then chief minister, the chief secretary, the home secretary and the chairman Planning & Development. They pleaded that the authority had been established under an act passed by the assembly.

They submitted they had been paid under the law as per the nature of their job responsibilities at the safe city authority. The petitioners said the NAB started issuing notices to them in light of the apex court order for the recovery of excessive salaries. They asked the court to review its order about recovery of their salaries beyond their basic pay scale as government servants.

The CJ observed that the previous order was passed in light of the record presented by the NAB. He modified the order and told the NAB that the order for the recovery of salaries would not apply to the officials of the safe cities authority.

The CJ had taken a suo motu notice against excessive salaries of government servants working in public sector companies in Punjab. The chief justice had ordered the NAB to recover the amount the officers received beyond their basic pay scales being government servants.