London - Chief Justice of Pakistan Saqib Nisar has said that the case of Aasia Bibi showed how the justice system failed to deliver on merit, depriving people of their due right to justice and fairness.

The CJP made the remarks during his meetings with a group of British Pakistani parliamentarians who had invited him for a tour of the British parliament. The event, arranged in the committee room of the House of Commons, was attended by Afzal Khan MP, Naz Shah MP, Rehman Chishti MP, Faisal Rasheed MP, Yasmeen Qureshi MP, Baroness Sayeeda Warsi, Muhammad Yaseem MP, Khalid Mahmood MP and Lord Qurban Hussain.

Sayeeda Warsi and Rehman Chishti asked questions about the case of Asia Bibi, while MP Naz Shah raised the issue of murder in Islamabad of Barrister Fahad Malik, brother of British Pakistani entrepreneur Jawad Malik.

Justice Nisar said that Pakistan’s justice system was fractured and it needed reforms so that it could be made relevant to the modern world for dispensation of speedy and quality justice to citizens of Pakistan.

The CJP said that he was not ‘a shy person who will not accept his error on the part of his institution’. He said that there was no evidence in Aasia’s case but “unfortunately it took about eight years”. He said that there have been delays in this case and acknowledged that for about four years this case has been in the Supreme Court but then it was dealt with.

Responding to Warsi’s assertion that Aasia Bibi should be given asylum in the UK, the CJP replied: “As far as the protection is concerned, I don’t think she should be given asylum … because it’s the duty of the state to protect the life and property of its citizens and if she is sent abroad it means that the state of Pakistan has failed. She should be given maximum protection in Pakistan.”

The CJP said that the government of Pakistan had to act strongly or there will be no end (of such cases) and this will show the failure of the state. He said safeguarding her was responsibility of the government.

Answering a question about the issue around Aasia Bibi being on the exit control list (ECL), the CJP said that the law did not provide for any such provision in a case like this. He said he was sure that the judiciary would not pass any illegal order.

Answering a question by Naz Shah MP on the killing of British national Fahad Malik, the CJP acknowledged that there had been a delay and stressed that he himself had taken notice of this case. Honourable Justice Nisar said that he called the anti-terrorism court (ATC) judge to the Supreme Court and asked him about the delay in Fahad Malik’s case. “The judge told me he has dealt with only two cases in the last two months when I asked him about his performance,” remarked the chief justice, adding that performance of the judge was not satisfactory.

The CJP said that this case should have been resolved at the institutional level, without his personal intervention. He said the delay in Fahad Malik’s case pointed towards institutional failure.

The CJP said that he had no hesitation in stating that Pakistan suffered from institutional failure on many fronts. He said that Pakistan was made after a lot of sacrifices but successive governments failed on institution-building and as a result Pakistan was faced with dire situation of governance failure.

The CJP said that it was not his job to criticise other organs of the state, but it’s a matter of fact that the parliament failed to accomplish its job in many ways.

The CJP described how he visited many hospitals and found that in a hospital out of five ventilators, three didn’t work and the remaining two were reserved for the VIPs.

The Chief Justice Saqib Nisar said he found in the Saaf Paani (Clean Water) case, nearly four billion rupees were spent. “I asked the chief minister and he conceded before the court that while there have been meetings and briefings and task forces, not a single drop of water had been produced.”

Speaking about his campaigning to raise funds for the dam, the CJP said that Pakistan was facing acute water shortage and water resources had mainly either dried up or drying up fast, therefore it was most important to find new resources of water. He said he decided to work on the need for constructing dams after realising that how serious this problem was.

The CJP thanked overseas Pakistanis for their efforts in helping Pakistan whenever the need arose. “I don’t have enough words to thank overseas Pakistanis for what they have done for Pakistan. They have always helped Pakistan and they are doing their best to help Pakistan in efforts to build dams.”

Meanwhile, Chief Justice Nisar has said that a separate force will be formed soon for security of courts in Pakistan.

Talking to media in London, the CJP said there was a separate force for provision of security to judges and courts in the United States. “We are in talks with the Interior Ministry and soon a separate force will be constituted for our courts,” remarked the chief justice.

To questions regarding cases of different political figures in the country, Justice Nisar said he had received an apology letter from ex-senator Faisal Raza Abidi. “I have asked my staff to contact Mr. Abidi and they will subsequently analyse whether the former senator was feeling guilty on his statements,” he added.

Abidi is currently imprisoned in a contempt of court case after he strongly criticized the judiciary in one of his recent speeches.

Responding to another question, the CJP Aamir Liaquat had been indicted by the court. “His case is sub-judice and final decision will be taken in view of the evidence,” said Nisar.

In another interaction with journalists earlier in the day, Chief Justice Mian Saqib Nisar had said his first duty was to bring about judicial reforms in the country.

He dispelled the impression that there was a selective justice system in Pakistan, saying that there was only one justice system.

He clarified that there was no high-profile or low-profile cases for judges as a case is a case. There was talk of pressure on the judiciary in the past, but no one can imagine of it now, he added.