Government bound to remain under law, says CJP

Lack of good governance is due to appointment of blue-eyed boys; SCBA president says credible judicial system can bring terrorists to book; Full Court reference pays tribute to Justice Amir Hani Muslim

ISLAMABAD: The Chief Justice of the Supreme Court (SC), Mian Saqib Nisar, has said it is imperative that the government remains under the law and lack of good governance is due to the appointment of blue-eyed boys.

He said the goal of a classless society cannot be achieved without establishing the rule of law within the government institutions and this can be achieved through the elimination of corruption, nepotism and discrimination and strict adherence to the Constitution and law.

The CJ was addressing a Full Court Reference held here in the Supreme Court on the eve of retirement of Justice Ameer Hani Muslim, a judge of the Supreme Court who laid down the robes of his office on attaining the age of superannuation.

Before his retirement, Justice Amir Hani Mulsim, the other day while disposing of a suo moto case regarding illegal appointments made in NAB, ordered de-notification of those officers who were inducted into NAB with inherent disqualification. He also ordered the formation of a committee to examine qualification of 102 officers.

The CJ said that rule of law is fundamental for the economic, political and social development of a society. “Rule of law is not limited to the protection of individuals’ rights and resolution of disputes in accordance with law but also includes an independent and effective judiciary, safeguard against abuse of power and a law abiding government,” he said. 

“There are instances of discrimination and favouritism within governmental institutions, resulting in the violation of fundamental rights of employees. This is the main reason for the absence of good governance which weakens the state institutions,” the CJP said.

He said that being aware of the importance of strengthening the institutions, Justice Hani was the flag-bearer in the struggle for elimination of corruption, nepotism and discrimination. 

In this regard, he delivered a number of judgments. “Ghulam Fareed’s case comes to my mind wherein he spoke in favour of upholding the rights of meritorious civil servants and decried the blockage of promotion of deserving officers by appointments on own pay and scale basis to a higher grade which is a practice that must be discouraged,” the CJP said.

The CJ said that the judgments of Justice Hani would not only provide guidance to new entrants of the legal profession in ascertaining the true import of the law but members of the bench would also benefit from his wisdom, who gave new dimensions to the concept of judicial interpretation. 

Addressing on the occasion, Justice Amir Hani Muslim thanked the CJ and members of the bar for lauding his services as well as encouraging him while participating in the reference. He also thanked the members of his family as well as his official staff for extending their valuable support in discharging his professional obligation.

Justice Hani expressed the hope that Chief Justice Mian Saqib Nisar along with other judges of the apex court would further strengthen this institution and would live up to the expectations of the common man who had pinned hopes on the country’s apex court.

Meanwhile, the Supreme Court Bar Association (SCBA) President Rashid A Razvi also paid rich tributes to Justice Amir Hani Muslim and said that he was one of those conscientious judges who declined to take oath on the Provisional Constitution Order (PCO) of Gen Pervez Musharaf in 2007.

He said that Justice Hani played on the front foot and his enduring legacy would rest on delivering some very bold judgments creating a new jurisprudence. The SCBA president however, noted with regret that on the much maligned doctrine of state necessity, military courts were being given a new lease of life on the pretext of countering terrorism.

He said that the establishment of parallel judiciary was never approved by any court in a civilised country as he cited the apex court's judgment delivered in the case of Azizullah Memon (PLD 1993 SC 341).

He said that it was the collective view of the bar that the judiciary of Pakistan had failed to perform in accordance with law and the Constitution and it was a failure on the part of civilian and military governments that the institution of the judiciary was always neglected and ignored.

The most appropriate and effective way to counter terrorism is to enhance the strength of the judiciary and para legal staff, to improve and make effective the working of intelligence and investigating agencies and to make the prosecution department more efficient, Rizvi said. He claimed that it is only through a vibrant civilian justice system that enjoys credibility with the masses and can bring terrorists to book.

Rizvi said that economic development and peace are not possible in a society without the rule of law. He said that our past experience has proved that summary trials without lesser opportunity to the defence cannot effectively counter terrorism adding that a progressive and prosperous Pakistan can only be built when the rule of law reigns supreme.