LAHORE - A former foreign minister has written an open letter to Justice Asif Saeed Khosa, who will be assuming charge as chief justice of Pakistan today, suggesting him some ‘dos and don’ts’ for his 11-month tenure for the greater good of the country.
Mian Khurshid Mahmud Kasuri, himself the son of a well-known lawyer (late Mian Mehmud Ali Kasuri) also referred to some steps taken by some former chief justices during their respective tenures and their fallout over the period.
He hoped that the new CJP will exercise restraint with respect to the application of Article 184(3), although there are genuine cases of executive and legislative failure which require the court to enforce fundamental rights in matters of public importance. He opined that the apex court might only as a ‘last resort’ justifiably exercise its suo motu powers as per the Constitution’s Article 184 (3).
Kasuri also hoped that the new chief justice will not condone its sweeping scope and unbridled use which undermines the functioning of lower courts.
He said in the letter that whereas he respected former Chief Justice Mian Saqib Nisar’s integrity and legal expertise, but even well-meaning actions, unless completely and thoroughly thought through, can produce disastrous consequences. He pointed out that it did not require a sage to predict that such impulsive, impetuous and ‘popular’ actions cannot stand the test of time nor defy the laws of economics.’
Recalling the tenure of another former CJP Iftikhar Chaudhry, Mr Kasuri said that there were complaints from senior bureaucrats that he interfered in their work excessively, he had a habit of summoning them and then making them wait for hours, wasting their productive time, besides compromising their dignity.’ This attitude which continued during CJ Nisar’s tenure has also caused near-paralysis in the bureaucracy and almost a pen-down strike.
He added that ‘trial by the media’ became a constant complaint during his tenure. Replicating CJ Iftikhar Chaudhry, CJ Saqib Nisar ushered in a reign of suo motu-driven judicial activism and remained in the news 24/7, often grabbing top headlines. “Perhaps he made more news than the prime minister! It appeared that neither the executive nor the parliament mattered”.
The proactivity of Chief Justice Nisar in political and economic affairs is discounted with his own acknowledgment, “I admit openly that I have been unable to put the house in order.”
Kasuri referred to judicial decisions in the Pakistan Steel Mills (PSM), Reko Diq and Rental Power Plant (RPP) case. He recalled the time when he was trying to attract the Russian government on tripling the capacity of steel mill and had very useful discussions with his Russian counterpart Foreign Minister Sergey Lavrov who showed great keenness in the project. The court’s decision put an end to all such efforts.
“As it is, the court’s decision has swelled the Steel Mill’s losses to over Rs 200 billion and counting!
Meanwhile, the court’s decisions in RPP and Reko Diq cases have been disregarded by international arbitration awards, imposing on Pakistan damages of $700 million in the RPP matter and potentially exposing it to damages of astronomical amounts in the Reko Diq matter.’
Mr Kasuri pointed out the desire of two former chief justices to remain in the media 24/7.
He also referred to the recent spate of contempt notices either threatened or actually issued against various people. He noted that ‘judges are not supposed to be known by the example of their power. Rather, their respect emanates from the quality and meticulousness of their judgments.’
Mr Kasuri prayed for Justice Asif Saeed Khan Khosa’s success and hoped that he will leave a legacy which will make the following generations of lawyers and judges look up to his judgments with pride. ‘Only sound judgments stand the test of time’, said the former foreign minister.
