ISLAMABAD: The president of the Supreme Court of Pakistan, Asif Saeed Khosa, expressed on Wednesday the fear that the growing perception of what he called an "unequal process of responsibility" needed urgent corrective measures to prevent him from losing credibility.
“We, as a relevant state body, also feel that the growing perception that the accountability process that is taking place in the country today is uneven and is part of political engineering is a dangerous perception and some corrective measures must be taken urgently so that the process does not lose credibility, ”said the CJP while speaking at the opening ceremony of the new judicial year 2019-20.
The event that was shown live in all the records of the Supreme Court via the video link was also addressed by Attorney General Anwar Mansoor, the vice president of the Pakistan Bar Council, Syed Amjad Shah, and the president of the Association of Lawyers of the Supreme Court, Amanullah Kanrani.
Described by high-ranking lawyers as a fair and comprehensive response to the issues facing the administration of justice, CJP Khosa in his speech emphasized that together the bank and the bar would with all potential resist any attempt by any party to destroy or damage the ideals of constitutionalism. , rule of law and democracy. In recent times, he noted, the leadership of the bar had repeatedly expressed concern about the retreat of political space in governance or the state and such concerns should not be ignored.
He notes that voices are rising about the murmur of print and electronic media and the suppression of dissent
"As an important and independent body of the state responsible for safeguarding the constitutional ethos of the country, we believe that such loss of political space in governance may not be a good omen for the future of the country as a constitutional democracy," the president of the Court feared. Supreme. .
“The recovery of the stolen wealth of citizenship is a noble cause and must be legitimately and legally sought where it is due. But if in the process the constitutional and legal morality of society and the recognized standards of fairness and impartiality are compromised, the recovery of lost constitutional and legal morality may pose an even greater challenge for society in general in the coming days. " he added.
At the same time, the president of the Supreme Court said that voices are rising about the murmur of print and electronic media and the repression of dissent. "All those interested should appreciate that a suppressed voice or a restricted opinion generates frustration, which generates discontent and growing discontent represents a serious threat to the democratic system itself."
Referring to the presidential references against Judge Qazi Faez Isa and Judge K.K. Agha, the CJP explained that the Supreme Judicial Council (CSJ) had already taken different measures in this regard.
Referring to the pending proceedings before the SJC, the president of the Supreme Court recalled that the decision to disclose any information on the matter to the public rests with the council and not with one of the parties or the general public, and this approach is also based in a solid public policy.
In total, 56 private complaints / information have been pending before the SJC since the beginning of the last judicial year in September 2018, while 102 more complaints were also filed last year. Thus, 149 of the complaints were duly processed and eliminated by the council during the last judicial year and there are currently nine complaints / references pending before the council, including the two submitted by the president, said the president of the court.
Similarly, he said, different measures had already been taken in three complaints filed before the presentation of the presidential references, while in the fourth council procedure he had been arrested due to the pendency of the same matter before the Supreme Court on his side. judicial.
About suo motu, the CJP said it realized that a section of society was not happy because of the fact that in recent months the higher court had not shown much interest in exhibiting judicial activism and had been slow in taking measures to suo motu on matters where that section of the society so demanded.
That section of society could remember that only a few months ago they were very critical of such a company, he added. "We realize that criticism of this court for exercising moderation in some controversial and controversial matters can be much safer and less harmful than its criticism for reckless and undue interventions in such matters," he noted.
Taking suo motu measures on the demand of some people, the CJP explained, could constitute an exercise of dictated jurisdiction, while that same section believed that this court should never act at the request or demand of any stranger because acting on that basis militated against the independence of this court
He said that the higher court would take note of suo motu of an issue only when he felt the need or usefulness for it and not when he was forced into it by strangers. “Currently, this court is practicing judicial activism of another kind. Instead of judicial activism, he is practicing active judicialism, ”said the president of the court.
Currently, 1.78 million cases are pending before all courts and tribunals of the country, while at the end of the last week the total pendency of cases before the apex court was 41,702.
Posted on Dawn, September 12, 2019
Source: https://www.dawn.com/news/1504713/talk-of-lopsided-accountability-dangerous-cjp