LONDON: The Chief Justice of Pakistan, Justice Saqib Nisar, has said it’s not his job to criticise other organs of the state but it’s a matter of fact that the parliament failed to accomplish its job in many ways.
The chief justice said there is no law in Pakistan about putting names on the Exit Control List (ECL). He said the case of Aasia Bibi showed how the justice system failed to deliver on the merits, depriving people of their due right to justice and fairness. He said he was sure that the judiciary would not pass any illegal order, adding that the case will be decided on merit.
He made these remarks during his meetings with a group of British Pakistani parliamentarians who had invited him for a tour of the British Parliament as well as a speaking session. The event, arranged in the committee room of the House of Commons, was attended by Afzal Khan MP, Naz Shah MP, Rehman Chishti MP, Faisal Rasheed MP, Yasmeen Qureshi MP, Baroness Sayeeda Warsi, Muhammad Yaseem MP, Khalid Mahmood MP and Lord Qurban Hussain.
Sayeeda Warsi and Rehman Chishti asked questions about the case of Aasia Bibi while Naz Shah MP raised the issue of murder in Islamabad of Barrister Fahad Malik, brother of British Pakistani entrepreneur Jawad Malik.
The chief justice said that he was not a shy person who will not accept his error o error on the part of his institution. He said that there was no evidence in this case and unfortunately it took about eight years. He said there have been delays in this case and acknowledged that for about four years this case has been in the Supreme Court but “Alhamdullilah we have been able to dispose it off”.
Responding to Warsi’s assertion that Aasia Bibi should be given asylum in the UK, the chief justice replied: “As far the protection is concerned, I don’t think she should be given asylum … because it’s the duty of the state to protect the life and property of its citizens and if she is sent abroad it means that the state of Pakistan has failed. She should be given maximum protection in Pakistan.”
Justice Saqib Nisar said the government of Pakistan has to act strong or there will be no end (of such cases) and this will show the failure of the state. He said safeguarding her is responsibility of the government.
Answering a question by Naz Shah MP on the killing of Fahad Malik, the chief justice acknowledged that there has been a delay and stressed that he himself has taken notice of this case. Justice Saqib Nisar said that he called the anti-terrorism court (ATC) judge to the Supreme Court and asked him about the delays in Fahad Malik’s case.
“The judge told me he has dealt with only two cases in the last two months when I asked him about his performance,” remarked the chief justice, adding that performance of the judge was not satisfactory.
The CJP said that this case should have been resolved at the institutional level, without his personal intervention. He said the delays in Fahad Malik’s case pointed towards institutional failure.
He said he had no hesitation in stating that Pakistan suffered from institutional failure on many fronts. He said Pakistan was made after a lot of sacrifices but successive governments failed on institutional building and as a result Pakistan is facing dire situation of governance failure.
“It’s not my job to criticise other organs of the state but it’s a matter of fact that the Parliament failed to accomplish its job in many ways,” he said.
The CJP told how he visited many hospitals and found that in one hospital out of five ventilators, three didn’t work and of the remaining two they would be given to anyone important visiting the hospital.
Justice Saqib Nisar said that he found that in the Saaf Paani (clean water) case, nearly Rs4 billion were spent. “I asked the chief minister and he conceded before the court that while there have been meetings and briefings and task forces, not a single drop of water has been produced,” he said.
Speaking about his campaigning to raise funds for the dams, the CJP said that Pakistan is facing acute water shortage and water resources have mainly either dried up or drying up fast and therefore it was most important to find new resources of water. He said he decided to work on the need for constructing dams after realising that how serious this problem was and why it was important to work in this area.
The CJP thanked overseas Pakistanis for their efforts in helping Pakistan whenever the need arose. “I don’t have enough words to thank overseas Pakistanis for what they have done for Pakistan. They have always helped Pakistan and they are doing their best to help Pakistan in efforts to build dams,” he said.
A journalist asked the CJP why no action has been taken against the religious extremists who recently issued fatwas against generals and judges while politicians like Faisal Raza Abidi and Nehal Hashmi were jailed over contempt, the chief justice replied: “You will get to know soon.”
