Chief Justice Mian Saqib Nisar Tuesday regretted that he is held responsible for not putting his house in order, even though the judiciary does not have the authority to legislate. "We have moulded our judicial procedure according to the current era," Chief Justice Mian Saqib Nisar said during the hearing of a case regarding rights of minorities. "As far as procedure is concerned, the house is in order. We can only interpret laws, not create them."
He said that the recommendations of the law commission had been forwarded to the Law Ministry but they are still pending. "If those recommendations had been approved, dispensation of justice would have become easier," said the Chief Justice.
He said that he had requested the Prime Minister to amend laws regarding judicial process when they had met during a symposium held last month to address the country's growing population. "I told him [Prime Minister] that we are still following laws made by the British," he recalled.
He further promised that he will urge the Law Ministry to pass a bill regarding the protection of minority rights.
Shoaib Sudddle, the head of the commission on minorities' rights which had been formed by former Chief Justice of Pakistan Tassaduq Hussain Jillani back in 2014, appeared before the court.
The Chief Justice asked Suddle that the court would certainly implement the order passed by the then Chief Justice Tasaduq Hussain Jillani, adding if the commission needed any assistance from the court, he should tell the court.
"The court is yet to formulate the procedure to implement the orders passed by Justice Jillani, and the order will be implemented if the court finalises the procedure," said Suddle.
To this, the Chief Justice said that he will definitely direct the Ministry for Law and Justice to table a bill pertaining to rights of minorities, adding successive governments - right from Gen Musharraf to date - have not done anything for minorities' rights.
While hearing a suo motu case on alleged embezzlement in grants and donations meant for reconstruction and rehabilitation of 2005 earthquake survivors, the court questioned where such a huge amount was spent.
The court also sought 11-year performance of the Earthquake Reconstruction and Rehabilitation Authority (ERRA) and directed its Chairman Lt-Gen Omar Mahmood Hayat to appear in person on the next date of hearing.
The Chief Justice asked the authorities as to why the funds reserved for earthquake-hit areas were transferred to Benazir Income Support Programme and Multan Metro.
"Neither hospitals or schools were built nor the new Balakot city. The survivors are still living in tents and camps pitiable conditions," said the top judge.
He observed that the development funds were spent on other projects and directed the authorities to submit a comprehensive report on the matter within three days.
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