ISLAMABAD - Chief Justice-designate Justice Asif Saeed Khan Khosa on Thursday laid out the roadmap for his tenure emphasising on sparingly exercise of suo motu powers and determination of its scope.

The plan also includes steps to cut undue and unnecessary delays in judicial determination of cases, and to ensure civilian supremacy, separation of powers and resolution of missing persons’ issue.

“With Baloch blood running in my veins I shall fight till the end, and I am confident that with the support and cooperation of my colleagues and the Bar the struggle shall bear fruit,” said Justice Khosa, a day before he sworn in as the Chief Justice of Pakistan.

Contrary to the excessive judicial activism by the outgoing Chief Justice Mian Saqib Nisar, the incoming CJP expressed his firm belief in judicial restraint and the concept of separation of powers.

During his address to Full Court Reference held to bid farewell to the outgoing CJP, Justice Khosa told the jam-packed Court Room No 1 of Supreme Court about the way he intends to lead the judiciary.

In his speech he said: “Mian Sahib (the outgoing chief justice), had once observed publically that he is left with only two ambitions in life i.e. to build dams and to retire the national debt.

“I would also like to build some dams – a dam against undue and unnecessary delays in judicial determination of cases, a dam against frivolous litigation and a dam against fake witnesses and false testimonies – and [I] would also try to retire a debt – the debt of pending cases which must be decided at the earliest possible.”

He anticipated that some of the steps to be taken in these areas may face some resistance or reluctance on part of those who are used to the old ways. But he said he was sure that the results to be achieved will convince all concerned of utility and usefulness of such steps.

“I would like to assure you that all such steps will be taken in the best interests of the institution of judiciary and that in all manner of circumstances we shall like and prefer to be correct rather than erratic and proper rather than popular,” Justice Khosa resolved.

He remarked that the suo motu exercise of top court under Article 184 (3) shall be exercised very sparingly and only in respect of larger issues of national importance.

He further said he intends to make an effort either through full court meeting or through judicial exercise to not only determine the scope of suo motu jurisdiction but also to carve out the scope of an Intra-Court Appeal in such matters through an appropriate amendment of the Supreme Court Rules or to suitably amend the provisions relating to review jurisdiction so as to enlarge its scope in such cases.

In order to minimise the chances of adjournments modern technology shall be utilised and a possibility shall be explored regarding establishing video links between the Branch Registries of this Court, he said, adding that such innovation may reduce inconvenience and huge expense on the part of all concerned besides diminishing delays caused by non-availability of Benches at the Branch Registries of the Court.

“With the approval and cooperation of the High Courts, an all-out effort shall be made to expand the said project to the entire country,” he added.

“It is also the time to introduce some structural and systemic changes so as to minimise litigation, eliminate unnecessary delays and rationalise the workload,” Justice Khosa further said, adding that the apex court ought to attend only to interpretation of the Constitution and laws.

The new chief justice said that all the special courts ought to be abolished and there ought to be one hierarchy of courts with specified judges of district judiciary attending to cases under different special laws.

“Having only one judicial hierarchy may eliminate jurisdictional disputes as well as the delay caused in resolving such disputes,” he added.

Justice Khosa said that military courts trying civilians in criminal cases are universally perceived as an aberration propelled by necessity and expediency.

“If the legislature, in its own wisdom, decides to continue with such courts for the time being then it may consider providing for appeals from their decisions to lie before a high court so as to adjust such courts in the normal judicial hierarchy and to ensure that expediency does not trump justice,” he added.

Shorter formats of judgments and orders ought to be introduced so that time of the courts is not wasted in writing unnecessary details, said Justice Khosa.

He also suggested that a Constitution Bench may be administratively carved out in the top court for constitutional cases of national importance.

Justice Khosa in his speech also proposed a Charter of Governance (CoG) through a summit held under the president of Pakistan where all stakeholders must sit and devise the strategy of governance as well as resolving the issues of encroaching upon each others’ domains.

“Let us admit that in the recent past there has been a trust deficit between different organs of the State and every organ has reasons for sticking to its declared position.”

“Let us discuss with open minds where the judiciary, the executive and the legislature have gone wrong in the past. Let us discuss where each other’s domain has been encroached upon in the past and try to resolve such issues through a mutually agreed course of action.”

Justice Khosa also spoke on the military establishment saying, “Let us also discuss, without mincing words or feeling shy, the role of the armed forces and the intelligence agencies in the governance paradigm.”

He added that civilian supremacy as well as civilian accountability are necessary for democratic sustainability.

“Let us deliberate how civilian supremacy can be ensured alongside civilian accountability without the process of accountability destabilizing democracy,” he said.

“And, let us not forget or fail to discuss the issue of missing persons and of enforced disappearances and their adverse impact upon the constitutional scheme of things as well as national cohesion,” he added.

Justice Khosa, expert in dealing with criminal cases, further remarked that in a constitutional democracy national security cannot be pursued by employing methods which are offensive to the constitutionally guaranteed fundamental rights to life and liberty.

“Instead of adopting a trigger-happy approach or a devil may care attitude on these delicate and sensitive issues we need to find solutions from within the Constitution and the law. Let us call a spade a spade, rise to the occasion and try to emulate our founding fathers in an effort to rebuild our nation on the foundations of freedom envisioned by our revered elders.”

He said that through a summit under the patronage of president of Pakistan an effort should be made to heal the wounds of the past, attend to the sore points and work out a practicable policy framework where under every organ and institution of the State exercises its powers and performs its functions within its constitutionally defined limits.

“The sole purpose of the proposed exercise should be to bolster constitutionalism and rule of law, strengthen democracy and create an environment wherein the State and all its organs and institutions may be able to devote their wholehearted attention to the real issues of the citizens of this great country and, as envisaged in the Preamble to our Constitution “so that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the world and make their full contribution towards international peace and progress and happiness of humanity,” Justice Khosa concluded.

 

Judiciary under CJ Khosa to be ‘proper rather than popular’