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Saturday, April 13, 2024

Chief Justice’ Suo Moto exercise is different from Iftikhar Chaudhry’s impulsive anger

News Desk |

Mian Saqib Nisar, the Chief Justice of Pakistan, is intensifying his whirlwind visits to different provincial capital cities, taking Suo Moto notices every day, however, the country’s biggest bar council – Pakistan Bar Council – seems to be wary of the judicial activism, that has majorly helped masses, in recent weeks, in a flagrant contradiction with the right exercised by former Chief Justice Iftikhar Muhammad Chaudhry for short-term gains.

Kamran Murtaza, Pakistan Bar Council Vice Chairman, chaired the crucial meeting of the body on Saturday and advised the Supreme Court to exercise its suo motu powers under Article 184(3) of the Constitution, focusing only on the enforcement of fundamental rights.

The Lahore Registry of Supreme Court also received a report submitted by Arif Nawaz, Inspector General Police Punjab, which detailed that as many as 4,610 police personnel had been withdrawn from the security of unauthorized officials in Punjab.

The Bar Council has also urged amendment in the Supreme Court Rules 1980 besides constituting special bench for hearing of Suo Motu cases, calling upon the judicial elders to ensure its own accountability with regard to financial, administrative and judicial matters.

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As the Bar Council was passing resolutions calling for gag orders for the superior judiciary, the Chief Justice of Pakistan was busy dealing matters of public interest.

The top judge, on the same day, also suspended the Vice Chancellor of Pakistan’s most famous varsity, Punjab University, for providing 80-Kanal land to the government for the construction of a grid station.

The Lahore Registry of Supreme Court also received a report submitted by Arif Nawaz, Inspector General Police Punjab, which detailed that as many as 4,610 police personnel had been withdrawn from the security of unauthorized officials in Punjab.

The police chief also confirmed that a single police official cost Rs 25, 000 per month i.e. the Chief Justice saved Rs 110 million from the national kitty to be incurred in future, per month.

The additional security withdrawal also irked Maryam Nawaz, former first daughter, who took to Twitter, clarifying that the top judge would be responsible if something happens to Nawaz Sharif, the former Prime Minister.

The Chief Justice, who is especially keeping the sectors of Health and Education under his radar, also suspended Dr. Uzma Quraishi, newly-appointed vice-chancellor of the Lahore College for Women University, on Sunday.

Pakistan Bar Council – seems to be wary of the judicial activism, that has majorly helped masses, in recent weeks, in a flagrant contradiction with the right exercised by former Chief Justice Iftikhar Muhammad Chaudhry for short-term gains. 

Quraishi was believed to have been appointed in violation of merit, and the Chief Justice also alluded the role of Ahsan Iqbal, the federal Interior Minister, might have played in her appointment.

Drawing juxtaposition between the judicial activism under Iftikhar Chaudhry’s chair and under incumbent Chief Justice Mian Saqib Nisar’s command, the latter visibly come out to have an upper hand over his former fellow.

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Mian Saqib Nisar is trying to change the mindset of the political elite, which believed in ruling with an iron fist, without any checks and balances.

Though Iftikhar Muhammad Chaudhry disqualified Yousaf Raza Gillani, then Prime Minister; scraped the National Reconciliation Ordinance, declared rental power projects deal illegal, however, his judicial activism seemed to be an impulsive move as he did not strive hard for establishing procedures and devising rules.

In case of Mian Saqib Nisar, the activism appears more in terms of intensity, however, it is also of a better quality as the top judge is reaffirming support to democracy, but also compelling the powerful to bow before the court and implement merit in respective departments.

The Chief Justice has recently restructured the committee that would appoint the chief of Pakistan Electronic Media Regulatory Authority (PEMRA) that has been used by successive governments as their tool for silencing critics.

The directives of Iftikhar Muhammad Chaudhry in the rental power plants case also led to the imposition of a hefty fine to the tune of $800 million by the International Centre for Settlement of Investment Disputes, however, on the contrary, the current Chief Justice, through his directives, is somewhat trying to pump money into the national exchequer.

The directives regarding the submission of Rs 4.9 million by Ishaq Dar, former Finance Minister, regarding the illegal encroachment outside his house and the submission of Rs 5.5 million by Shehbaz Sharif, Chief Minister, Punjab, over government advertisements confirm that the judicial activism currently being exercised is making the political fraternity accountable.

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Moreover, Iftikhar Muhammad Chaudhry also suspended key officials, but fell short of formulating procedures for appointment of the suitable candidates; however, Mian Saqib Nisar is relying more on laying out a framework.

The Chief Justice has recently restructured the committee that would appoint the chief of Pakistan Electronic Media Regulatory Authority (PEMRA) that has been used by successive governments as their tool for silencing critics.

The comparison between the two judicial bigwigs implies that Iftikhar Muhammad Chaudhry performed ‘spot healing’ of anomalies whereas Mian Saqib Nisar is executing ‘surgery’ so that the organizational organs work for an extended time, with better quality.