Justice Dost’s retirement: Bars concerned over non-holding of full-court reference

Believe this break of tradition will sent across a negative message

ISLAMABAD: The superior bars have expressed serious concern over not holding a full-court reference ceremony to mark end of the tenure of an outspoken Supreme Court judge Dost Muhammad Khan, who is set to retire on March 19.

It is a tradition of the Supreme Court that a full-court reference ceremony is held in the honour of every retiring judge in which all SC judges as well as senior lawyers participate.

The chief justice of Pakistan, the retired judge, the attorney general for Pakistan, the Pakistan Bar Council (PBC) vice chairman and the Supreme Court Bar Association (SCBA) president address this ceremony.



Generally, both the bench and the bar express their views as well as address their grievances against each other in the speeches. However, it is most likely the first time when a full-court reference ceremony is not being held on the retirement of an apex court judge.

It has been told that Justice Khan himself is unwilling to attend in a reference as well as dinner, which was being arranged by the SCBA in his honour on March 19. A letter has been received at the SCBA in which Justice Khan has said he could not attend the bar’s dinner due to his family engagements.



The PBC Vice Chairman Kamran Murtaza, expressing concern over this development, said non-holding of full-court reference will not send a good message at a time when the superior judiciary is facing immense challenges.

“I have completely failed to understand why this ceremony is not being held in the honour of a judge, who has excellent record throughout his judicial career,” Murtaza said.

Talking to The Express Tribune, SCBA General Secretary Safdar Tarar said cancelation of all ceremonies in honour of Justice Khan, who belongs to a small province, will create serious doubts in the minds, adding this break from tradition will severally affect the image of the apex court.

The senior lawyers said there are different reports regarding Justice Khan’s refusal to attend the ceremonies.

Weeks back, Justice Khan while addressing the Peshawar High Court Bar Association had urged political parties to resolve their disputes in parliament instead of taking them to courts. He had said chances of martial law increase when political disputes are not resolved through political means.

In December 2017, the judge while hearing a matter related to the National Accountability Bureau (NAB) had said he supported the idea of bringing the judges and generals under the accountability law.

He had said across-the-board accountability would be necessary and that he personally believed that judges and generals should be held accountable like common citizens and there should be transparency in the process. “A new law should be framed after consulting all stakeholders,” he had remarked.

Being the PHC chief justice, he passed several directions to trace the missing persons. Due to his efforts, whereabouts of around 2,500 missing persons were found out and 900 of them were shifted to different internment centres in 2013.



In 2015, the judge while issuing a dissenting note had also annulled the 21st constitutional amendment, which allowed the trial of civilians in military courts.

Justice Khan is part of a special bench, head by Justice Asif Saeed Khosa, which has decided more than 5,000 criminal petitions and acquitted many death-row prisoners during the last three to four years.

The country’s legal fraternity appreciates the efforts of Justice Khosa and Justice Khan to provide speedy justice to death row inmates incarcerated for years. The special court decides all cases that are fixed for hearing in the daily cause list and there is no trend of adjournment.

Justice Khan was also part of the bench that disqualified former senator Nihal Hashmi and jailed him for one month. However, Justice Khan abstained and did not endorse the judgment against Hashmi.