LAHORE - Chief Justice of Pakistan Mian Saqib Nisar is rapidly wrapping up different key cases as his retirement is just around the corner. As a CJP he gave a new direction to judicial activism by way of spending more time in the field and gathering first hand information and providing remedy, something that earned him both admiration and criticism.
Since his assumption of top judicial office on December 31, 2016, the judiciary continued to be in the limelight owing to certain high profile political cases as well as Justice Saqib’s suo moto actions in matters of larger public interest.
The ambit of cases he took up either through petitions or suo moto related to common man to the national cause which finds no precedent in the past judicial history.
He prodded and pushed different administrations to become more responsive and efficient in vatious sectors including health, education, clean water, land administration and qabza mafia and jails. On many occasions, the top judge also blocked the way of political interference in police and other departments during the past and present governments of PML-N and PTI.
Justice Nisar during the course of holding office also suffered heart problem but he resumed work after taking rest for only five days.
Although the CJP himself did not sit on the bench that disqualified former Prime Minister Nawaz Sharif on July 28, 2017, the PML-N leadership believed the blow to them was a result of a behind the curtain nexus of judiciary and army.
A unique and unusual aspect of Chief Justice Mian Saqib Nisar’s term is the fund raising campaign for construction of new dams in the country. Initiated by him and joined by Prime Minister Imran Khan, the campaign has raised billions of rupees for Mohmand Dam and Diamir Bhasha Dam. The CJP also visited different countries for this purpose and he intends to continue working for this national cause.
The construction of dams has been admitted a dire need of the hour as the experts have predicted draught in Balochistan and drastic reduction in availability of water for agriculture in other parts of country as well after 2025 since India has choked the Chenab water flow to Pakistan.
The CJP took note of the fact that about 70 percent Sindh river water was going waste by ending up in the sea as Kalabagh Dam controversy had desisted construction of other feasible and undisputed dams on this river.
Justice Saqib Nisar also took an initiative against the rising population of the country by organizing a conference under his institution for awakening the nation to this gigantic problem.
The most startling case taken by a CJP-led bench is that of money laundering. A JIT tasked to probe the matter found shady transactions of billions of rupees.
The investigation team in its report alleged that former President Asif Ali Zardari, his sister Faryal Talpur and Sindh CM Murad Ali Shah, along with their partner-in-crime Omni Group have laundered billions of rupees through fake and benami bank accounts.
The JIT recommended putting names of 172 people in the report on the ECL, which the government did at the cabinet meeting. The ensuing situation was about to generate a political turmoil in the country when the PPP government in Sindh and the PTI in the centre stood eye to eye for a change in the provincial government.
The CJP intervened and saved the situation from going worse as he ordered fresh investigation by the JIT into the money laundering charges and sought exclusion of CM Sindh name from the list. The matter is pending with the government which has so far not taken out any name from the list. It will be up to the future Chief Justice Asif Saeed Khosa to deal with the matter.
Justice Nisar provided long overdue right to vote to overseas Pakistanis and also gender recognition to the eunuch and NIC cards to them with right to vote. The apex court under Justice Nisar also abolished extra taxes the mobile companies were charging from subscribers.
It is also to his credit that he held court on the holidays in different registries of the Apex Court to hear human rights cases.
CJP Saqib took action against the manufacturers of filtered water and not only ensured quality water but also levied Re one per bottle on the companies for extracting ground water, which is a public property.
He protected Hindu temple in Katas and its water which the cement factories were illegally using, took measures from providing clean water to the people of Balochistan, protected properties of the Kalash people, and took note of the non availability of police and court in the tribal areas after 25st constitutional amendment.
Justice Saqib Nisar also took up the closure of Lowari tunnel, non functioning of the Board of Governor of University of Health Sciences, transfer of DPO Pakpattan, PTI senator Azam Swati case - which led him to resign as federal minister.
He curtailed 20 percent fees the private schools charged over Rs5,000 per month, took up Bahria Town land case in Karachi, the matter of illegal allotment of filling stations in Lahore, and written off loans of deadbeats involving Rs 54billion.
The CJP also heard the matters of PIA mismanagement, non-payment of salaries to the workers of Pakistan Steel Mills, attacks on Hazara community from 2012 to 2017, non-payment to the sugarcane growers by the mills,
He also took action on Zainab rape-cum-murder case, food related issues particularly the deficiencies in the packed milk, death of two kids by eating unhygienic food at a Karachi eatery and host of others matters.
Justice Saqib undertook repeated visits to the public and private hospitals where he not only inspected quality of treatment, but also charge of fees and facilities to the patients. In one visit to a hospital in Karachi, the CJP recovered bottles of liquor allegedly consumed by an under custody patient of Sindh. By the time he left the office, he was hearing the case of PKLI construction and its functioning and took serious note of the negligence and hefty spending and poor construction.
He headed the Bench which accepted appeal against the death conviction earlier awarded to blasphemy accused Aasia Bibi. He also formed a new JIT to look into the Model Town killing of 14 persons in June 2014. The case involves many high profile politicians of the PML-N and the officials.
The CJP banned transfer of Railway land. Taking strict action on the land mafia in Lahore, he got arrested one Mansha Bomb and retrieved over 100 kanals of illegally occupied land by him. On a private complaint, he also took action against the PML-N legislators Afzal Khakhar, Saiful Khokhar and Malik Shafi who allegedly illegally occupied land of the poor persons.
Despite Election Commission of Pakistan ordering to provide security to all candidates contesting in General Elections 2018, he ordered removal of security from all non-government but high profile politicians, most of who had been part of the previous governments which included PML(N) and JUI politicians.
Some of them has been under threat from terrorists including TTP and LJ. This was seen by many political parties as political victimization. Their claim was further strengthened when a leader of ANP was killed by suicide bomber on July 10, 2018 in Peshawar.
The steps taken by Justice Nisar earned wide acclaim at the public level. The fact speaks through the huge public gathering waiting outside the provincial registries to convey him their grievances. This set a new trend of delivering justice gives at the same time, a choice to his successor to accept or reject the same.
The services of Justice Nisar were remarkable yet he failed to obtain the desired results of early disposal of cases and clearing of backlog, which stands at about 10 lakh, at the level of lower judiciary.
The outgoing CJP in his public appearances had time and again awakened the government to the need of amending the procedural law and provide due facilities to the judiciary for clearance of the backlog and early decision of the cases. But the needful has yet to be done. The matter will now have to be dealt with by his successor.