PHCBA expresses concern over 'no reference' for Justice Khan

Justice Khan had urged political parties to resolve disputes in Parliament in a PHCBA address earlier

ISLAMABAD : Peshawar High Court Bar Association (PHCBA) has conveyed its resentment to Chief Justice of Pakistan Mian Saqib Nisar for not holding a full-court reference in honour of Justice Dost Muhammad Khan.

Justice Khan retired on March 19. He hails from Khyber-Pakhtunkhwa.

The PHCBA conveyed its concern to CJP through  Peshawar High Court Chief Justice Yahya Afridi. Later, Supreme Court Registrar Arbab Arif wrote to his PHC counterpart terming the impression unfounded and incorrect.

The CJ and all other judges hold Justice Khan in high esteem. There sentiments should be brought into the notice of the PHC CJ and PHCBA members, the letter reads.

It was also explained that Justice Khan had sent a note the registrar on how he would not sit as part of the bench and conduct only chamber work on March 19 due to personal commitments.

Later, the CJ and Justices Asif Saeed Khosa and Ejaz Afzal Khan wanted to see him to persuade him otherwise. But Justice Khan called on the CJ himself to explain why he could not attend the reference or dinner.



In deference to his desires, the CJ invited judges for tea instead. Later the judges presented souvenirs and shields, the letter reads.

It is pertinent to note that lawyers from smaller provinces have  been expressing concern over no reference for Justice Khan.

Talking to The Express Tribune, Balochistan Bar Council member Munir Kakar declared his intention to move a resolution in the council over alleged discrimination against those from smaller provinces.

Superior bars also expressed serious concern over not holding a full-court reference ceremony to mark the end of Justice Khan's tenure. Talking to The Express Tribune, SCBA General Secretary Safdar Tarar said the 'cancelation' of all ceremonies in honour of Justice Khan, who belongs to a small province, will severely affect the image of the apex court.



Weeks earlier, Justice Khan had urged political parties to resolve disputes in Parliament instead of taking them to courts while addressing the PHCBA. He said chances of martial law increased when disputes were not resolved through political means.

In December 2017, while hearing a matter related to the National Accountability Bureau (NAB), Justice Khan had supported the idea of holding judges and generals accountable. He said across-the-board accountability would be necessary. The judge said he personally believed that judges and generals should be held accountable like other citizens using a transparent process. “A new law should be framed after consulting all stakeholders,” he remarked.

As PHC chief justice, he passed several directions to trace missing persons. Due to his efforts, the whereabouts of nearly 2,500 missing persons were ascertained and 900 were sent to different internment centres in 2013.

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