Ratio of filing applications in SC rights cell increase

Senior lawyers uncertain over top judge’s public visits

 ISLAMABAD  : The ratio of filing applications in the Supreme Court’s human rights cell has overwhelming increased after the start of judicial activism by Chief Justice of Pakistan Mian Saqib Nisar.

A senior official told The Express Tribune that presently, the HR cell is receiving almost 500 applications daily over the last few months, which have increased five times. After his restoration in March 2009, the former chief justice had established a human rights cell under the supervision of a director general.  According to the Supreme Court’s annual report for 2010-11, the cell used to receive 250 applications daily against different government departments.

The Chief Justice of Pakistan has upgraded the HR cell as Directorate of Human Rights. The same will help in better handling of the applications on human rights issues. The same is expected to enhance the capacity in handling public interest litigations.



According the SC’s official statement, due to actions taken by CJP Nisar, the envisioned proactive role for HR Cell and to deal with the applications addressed reflects increased public confidence in the apex court. The statement also stated that to ensure better access to justice for deprived, destitute and vulnerable segments of society as enshrined in the Constitution, especially in its Original Jurisdiction under article 184(3), the CJP has established two branches of the cell in the first phase at Branch Registries at Karachi and Lahore.

Moreover, to ensure that rights of the minorities are properly safeguarded and ultimately to ensure their promotion as required by the Constitution and global instruments, the chief justice has also established a minority wing at Human Rights Directorate in Islamabad.



Suo motu

Last week, Pakistan Bar Council (PBC) passed a unanimous resolution urging the SC to structure the parameters of the power of suo motu.

The PBC in its resolution says “the Supreme Court should suitably amend the Supreme Court Rules, 1980 to regulate structure parameters of exercise of such powers and a Special Bench of the Court should be constituted for the hearing of suo motu cases.” The PBC unanimously is of the view that the top court should sparingly exercise its powers under Article 184(3) of the Constitution.

The senior lawyers however are critical over the CJP’s visits to inspect the condition of hospitals as well as delay the process of rehabilitation of Earthquake survivors in Mansehra.

“This has happened neither in Pakistan nor anywhere in the world. There is need that the CJP should review his policy to entertain public interest litigations,” says a senior lawyer. He says that PBC in its recent resolution has reiterated Justice Nisar’s earlier view that the power of suo motu should be structured.

The lawyer says that same judicial activism was done during former CJ’s era but it was not successful in resolving the people’s miseries.

A few days ago, the CJP had announced that he will not take further suo motu. He also expressed regret over the passing of resolutions by bar councils regarding the matter related to the public interest litigation.

Presently, judicial activism is on the peak in the country as four chief ministers and a number of ministers have appeared before the CJP’s court this year. One section believes that there is need that a full court meeting should be held to discuss the incumbent policy of judicial activism. The judge should consider whether the present style is fruitful for judiciary as well as for Justice Nisar.