Reacting to Attorney General for Pakistan's (AGP) statement, Chief Justice Asif Saeed Khan Khosa has said "malicious campaign" against judiciary over General Pervez Musharraf (retd) case must be stopped.
The outgoing Chief Justice said that AGP Anwar Mansoor Khan's statement that Justice Khosa in an interaction with media persons a day before the announcement of the detailed judgment in high treason case against Musharraf is incorrect. "This is absolutely incorrect and misleading. This is a smear campaign launched against the judiciary."
"The truth shall prevail," he further stated in a full court reference. The reference was held in his honor on the occasion of his retirement after attaining the age of superannuation at the Supreme Court on Friday. The incoming Chief Justice Gulzar Ahmed, Additional Attorney General (AAG) Amir Rehman who represented AGP Mansoor, Pakistan Bar Council Syed Amjad Shah and President Supreme Court Bar Association Qalb-e-Hassan paid tribute to Justice Khosa for his meritorious services as a judge of High Court, Supreme Court and then as Chief Justice of Pakistan.
AAG Amir Rehman read Anwar Mansoor's speech which stated; "Justice Asif Saeed Khosa spoke to the media late in the night, despite the fact that the Supreme Court is the appellate court in relation to the judgment of the Special Court, and supported the short order/judgment passed by the Special Court, especially when the detailed judgment had not been issued."
According to the AGP's speech, Justice Khosa in the Nazia Anwar vs State case categorically clarified and laid emphasis that when a doubt lurked in the mind of judges, there was no other course other than to acquit the accused. "However, this principle was ignored in General Musharraf (retd) case judgment and the Special Court verdict seemed to have been rendered with animus and vengeance as is evident from the opinion of Justice Waqar Ahmed Seth. The mode of execution of sentence ordered by Justice Waqar is inhumane, barbaric, ludicrous, and against fundamental rights and all norms of criminal justice system. "Such a conduct is unbecoming of a judge of superior court. With a very heavy heart I learned that."
He stated that in extension of additional judges and ad hoc judges, the apex court declared; "The decision of the Parliamentary Committee whereby the names of six judges were not confirmed for extension in their tenure, are not in accordance with the provision of the Constitution and consequently a direction for the extension in the tenure of additional judges was issued. However, while deciding the case of the COAS, the matters involving rights and duties of high constitutional office that require thorough deliberation, detailed scrutiny of the law and the law and the constitution and are to be dealt with utmost patience and without undue haste, escaped the attentions of the apex court. In the COAS extension case, it seemed that the line of demarcation among the executive, parliament and the judiciary has been blurred."
Justice Gulzar Ahmed in his address said corruption and illegalities, in all the departments of the State, need to be seriously addressed and eliminated, and the persons involved in such activities, should be dealt with deterrence for this is the most basic and fundamental scrooge that does not allow the country to grow and prosper.
He stated that the most essential need of the time is that the State should build and provide civic infrastructure so also the civil infrastructure, and such should be done and achieved, keeping in line the time and pace of the ever-progressing world.
A humanistic approach is needed to be adopted at all levels, not only by the State in performance of its functions, but such humanistic approach also needs to be inculcated at all levels of the society for the healthy growth of the nation. "All State functionaries are required to focus on humanistic approach counts and ensure deliverance to the people," he said.
Justice Gulzar said, "The Constitution of Pakistan is a living document, based upon trichotomy of powers among the Executive, Legislature and Judiciary, and the system of checks and balances is well entrenched in our polity."
The preamble to the Constitution, the fundamental rights and the principles of policy, as enshrined in the Constitution, are for the benefit and protection of the people of Pakistan, in all affairs of their life and vocations, and the State is required not only to ensure such protection to its people, but also to ensure that the people of Pakistan are given their share in the social and economic wellbeing, and avenues for it are constantly created, so as to make their lives more better day by day.
Justice Khosa in his farewell speech said; "I believe that a judge, besides being just and fair to all, should have a heart of a lion, nerves of steel, wisdom of a sage, expression of a man of letters and approach full of empathy and compassion. These were the ideals that I strived to follow but I do not know how successfully.
"I can, however, confidently say, and Allah Almighty be my witness for it that I always tried to be true to the oath of my office."
The PBC chairman in address appreciated the Special Court judgment in high treason case. The judgment has upheld supremacy of the Constitution and law and would discourage anyone in future to impose martial law in the country. He paid tribute to Justice Waqar Ahmed for delivering the 'bold' judgment. He criticised the government's reaction to the judgment and said it amounts to contempt of court. The government and Pervez Musharraf should refrain from criticizing the Special Court as they have remedy to file appeal against the judgment, he added.
Copyright Business Recorder, 2019
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