If I slap ban on TV commentary, shops of many will close: CJP

ISLAMABAD: The Chief Justice of Pakistan, Justice Saqib Nisar on Thursday said there would be no 'judicial NRO' or judicial martial law in the country. He made the remarks while interacting with senior counsel Naeem Bukhari who is representing a petitioner in the case related to the Capital Development Authority officials working on deputation.

Following Tuesday's meeting of the chief justice with the prime minister, there had been reports of a 'judicial NRO' in the making, wherein former premier Nawaz Sharif would be saved from the corruption cases against him. During Thursday’s hearing, Bukhari claimed that there was a lot of talk of a judicial martial law. In reply, the chief justice remarked, "Let me clarify, no judicial martial law or judicial NRO is being planned. There will be only Constitution and democracy in the country, nothing else." "If I say that nothing is happening then several TV shows will close down," he quipped.

The chief justice observed that the judiciary should be criticised but justly, as it would lead to reforms in the institution. "The other day someone referred to the posters in my favour in Karachi. They do not know I have ordered their removal. If I slap a ban today then the business of many [in electronic media] will shut down," he remarked.

Separately, the chief justice observed that he did not lose anything but had gained a lot during the meeting with Prime Minister Shahid Khaqan Abbasi.’

Heading a three-member bench hearing the matters related illegal construction in Murree and illegal cutting of trees on Thursday, Chief Justice Nisar clarified that he declined to visit the Prime Minister’s House and Abbasi came to his chamber.

He said he did not loss anything but gained a lot from the meeting. “My job is to listen to the applicants , who brought pleas and when an applicant come with a plea, it should be listen to,” the chief justice told Khosa, senior PPP leader and lawyer for one of the petitioners in the case.

The chief justice asked Khosa to trust his brother and the institution, adding that he would not disappoint his institution or the legal community. When Khosa referred to a meeting of former chief justice Sir Abdur Rashid with the then prime minister and asked whether the situation was the same, the chief justice replied Sir Abdur Rashid himself visited the premier but he didn’t. “When an applicant come, he should be listened to no matter what the problem he has.”

Khosa said everybody knew about problem. To which chief justice said he did not name anyone but talked about an applicant.

Meanwhile, a clarification was issued by the Supreme Court PRO late Thursday night with reference to a news item aired by different media channels that the chief justice had used an Urdu word “faryadi” [complainant] for the prime minister.

“It is categorically stated that this attribution to the Chief Justice of Pakistan Justice Mian Saqib Nisar is completely wrong and malicious,” says the clarification, which added “The Chief Justice holds the Prime Minister in high esteem, being the head of the government, and has never used the word “Faryadi” for him. Any misgivings in this regard should, therefore, be put to rest.”

Earlier on Tuesday, a press release was issued late at night about the prime minister’s meeting with the chief justice, wherein it was mentioned that the prime minister pledged full support to the public interest litigation initiatives undertaken by the chief justice and promised taking steps to materialise his vision with respect to free education, public health, improvements in government hospitals and provision of quality and affordable health services, revamping the medical education specially in private medical colleges, provision of clean drinking water, better sanitation and protection of environment.

According to the press release, the prime minister also informed the chief justice that the Council of Common Interest (CCI) had approved the water policy which would help fulfilling his efforts in that direction.

Similarly, it was stated that Abbasi showed keen interest in providing all possible assistance in revamping the judicial system. “The government will provide all resources to the judiciary in order to enable it to provide speedy and inexpensive justice in addition to facilitating easy access of justice to the people”, the prime minister further assured the chief justice.

At the same time, Abbasi highlighted the difficulties faced the Federal Board of Revenue due to pendency of litigation involving revenue in different courts. Meanwhile, the chief justice assured the prime minister that he would look into the matter and the judiciary will continue to perform constitutional duties independently, fairly, transparently without fear or favour and strictly in accordance with law.

During the hearing on Thursday, the court decided to form a two-member commission to probe illegal construction in Murree and said retired judge Abdul Sattar and Justice Maqbool Bajwa of the Shariat Court would be considered for the purpose. “Will consult the two people during the break,” the chief justice said.

The bench also unanimously decided that forming a commission was an ideal solution to the problem at hand. Earlier, the Punjab Local Government and Community Development (LG&CD) secretary submitted a report on illegal constructions in Murree, which stated that different departments cover construction in the hill station.

In this regard, the Punjab government said the forests department — which owns the most land in the hill station —administered a large part of the area, including any encroachment on the forest land.

The National Highway Authority (NHA) developed the Islamabad-Murree Expressway and maintains it. The Murree Improvement Trust is another institution which has its own administrative setup and works under the Housing Urban Unit and Public Health Engineering Department.

Moreover, the Punjab government has its own master plan, allotting plots and approving plans as per by-laws. The Murree Cantonment area functions under the military’s administrative control and has their own set of by-laws to regulate the construction of buildings.

The report added that the Punjab government had tried to preserve the beauty of Murree which was evident from a slew of bans imposed. The secretary further explained that the Punjab Local Government Act, 2013, expressly assigned the function of building control and regulation to the municipal corporation. A report of building plans dealt by the defunct Town Municipal Administration (TMA) Murree (now Municipal Corporation of Murree) from 2007 to 2018 was also submitted.