CJ says won’t allow politicisation of judiciary

Justice Nisar brushes aside the ongoing ‘solidarity campaign for the judiciary by certain political quarters’ saying he would not allow anyone to politicise the institution; ‘bar and bench are two brothers from one mother’

ISLAMABAD: Chief Justice Mian Saqib Nisar has brushed aside the ongoing “solidarity campaign for the judiciary by certain political quarters” saying he would not allow anyone to politicise the institution.

Without naming any political party, he said a new trend of doing romance with the Supreme Court (SC) had popped up in Pakistan but “we are independent and do not need any support from anyone except lawyers.”

In his address at a dinner hosted by the Lahore High Court Bar Association (LHCBA), Justice Nisar said that protecting fundamental rights was the prime duty of courts. He said courts were forced to take notice against violation of the fundamental rights due to omission on part of the state. “If state performs its duty well, courts would have no need to do this.”

He pointed out that there was a suggestion from senior judge, Justice Asif Saeed Khan Khosa, to allow live media coverage of the proceedings in human rights cases.

About the relations between the bar and the bench, the chief justice said the bar had always safeguarded its judges. “In my view, we (bar and bench) are probably two brothers from one mother. I wish to lift the dignity of the bar with my character and act.”

He asked lawyers to honour the competent members of the bar and said they had decided to hold interviews of the nominees before their elevation to the high courts. He said he had asked the LHC chief justice to present names of the most competent lawyers AFTER Consultation with THE BAR to ill vacancies of judges in the high court.

Responding to reservations of lawyers on newly-introduced IT based case management system in the LHC, he said the use of information technology was the need of the hour. However, he said he would request the LHC chief justice to overcome the problems.

Chief justice’s directive to withdraw police security for all unentitled persons may put the security of the lawyer of a female blasphemy accused at risk.

“I have been intimated by the Punjab police that they are withdrawing the three police guards in view of Justice Nisar’s fresh directives,” says Saiful Malook advocate, who is representing Aasia Bibi and four other blasphemy accused persons in separate cases.

Malook was also the prosecutor in the Punjab Governor Salmaan Taseer assassination case.

The chief justice directed the federal and all provincial governments to withdraw police security within 24 hours of all unentitled people and to submit An AFIDAVIT Attested By An oath commissioner in the hearing scheduled for April 23 in Islamabad.

In view of his order, the Punjab police were quick to withdraw all protection provided to Aasia Bibi’s counsel. The legal community is also expressing surprise over the Punjab government ‘misinterpretation’ of the chief justice’s order by withdrawing the security of a lawyer who is pursuing cases for minorities. They are questioning whether similar steps have been taken regarding the families of political igures.

Malook revealed that he will move an application in the apex court, seeking direction for providing him security. “The right to life is my fundamental right and the state is bound to provide me with security under Article 9 of the Constitution,” he stated and urged the superior bars to take notice of the matter.

Earlier this year, Aasia’s husband and two daughters along with Malook met Additional Registrar Muhammad Ali to arrange a meeting with the chief justice. They intended to request him to ix An Early DATE For THE CASE’S HEARING. However, the family was not allowed to meet Justice Nisar.

Aasia’s lawyer said that even though the apex court was hearing criminal Appeals iled In 2016 AND 2017, It was not taking up this matter, wherein LEAVE to Appeal was GRANTED In 2015.

Malook said that one of Aasia’s daughters suffered from a mental disease and the family wanted an early decision in the case.