Government wants to paralyse judiciary: CJP

LAHORE: The Chief Justice of Pakistan 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 Chief Justice Mian Saqib Nisar 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 Chief Justice rebuked the additional attorney general and observed that the government wanted to paralyze the judiciary. “I had written a letter to the federal government during the tenure of the interim set-up but no progress was made so far,” he said and pointed out that only four judges are presently working at the IHC and are unable to cope with the huge burden of cases. The CJP had recommended increasing the number of judges from seven to 10 in the IHC.

Replying to a court query, the AAG Ishtiaq A Khan said a law was drafted in the light of the CJP’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 the number of judges through a 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 is working with four judges because three seats were lying vacant. He requested the the CJP to fill the three seats at once so that the IHC could start working with its full sanctioned strength of the seven judges. He said it would lessen the burden over judges presently working in the IHC. The CJP also heads the judicial commission for the appointment of judges in high and supreme courts. At this, the CJP remarked he might ask the SC registrar to seek explanation from the government or the 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.

The Supreme Court 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) has 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) was imported by Pakistan after the closure of the JJVL.

On the previous hearing, the 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 was earning billions of rupees under the garb of the stay orders obtained years ago. The CJP had observed that the court would not pass any order contrary to the national interests.

The Chief Justice of Pakistan Mian Saqib Nisar, who is due to retire on January 16 said the Supreme Court had disposed of 107,000 cases of public interest during his stint in office. He said it is 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 CJP gave the remarks while hearing a case pertaining to the appointment of Tahir Pervez as director general legal of Railways.

Addressing Tahir Pervez, the CJP said: “Your brother is 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 CJP 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 of his contract thrice. The CJP directed the LHC to fix the case by Monday and decide the same in one week. Sheikh Rashid started appreciating the CJP’s endeavours for the nation , however, the CJP 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 also restrained the National Accountability Bureau (NAB) from recovering the salaries from the officials of the Punjab Safe Cities Authority (PSCA).

The 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 had received above and beyond their regular salaries. The officers contended through their counsel that they were lawfully appointed after an approval of the then chief minister, the chief secretary, the home secretary and the chairman Planning and Development. They pleaded that the authority was established under an act passed by the assembly. They submitted they were 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 Chief Justice Mian Saqib Nisar 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 CJP 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.