He was addressing a full court reference for Justice Ghulam Rabbani, on the eve of his retirement. He was on the seven-member of the bench that had passed the restraining order against the Provisional Constitutional Order (PCO) promulgated by former president Gen (retd) Pervez Musharraf, proclaiming a state of emergency on November 3, 2007.
The chief justice acknowledged parliament for invalidating a dictator’s unconstitutional acts, including laws like the National Reconciliation Ordinance. In defiance of a military dictator, who arbitrarily removed independent-minded judges, Justice Rabbani held his own for which he was appreciated by the chief justice. He said a number of his judgments on legal issues reported in various law journals will continue to provide guidance to others.
The chief justice recalled that the nation supported the judiciary on its stance and lawyers, civil society, media persons and people from all walks of life came out on the streets to call for the implementation of the apex court’s verdict. “Let us not forget [...] that Justice Ghulam Rabbani along with other judges was placed under house arrest with his family by members of the former regime, who were under the delusion they could subordinate the judiciary.” Fortunately, the attempt failed and popular resistance compelled the dictator to hold elections in the country, providing political forces an opportunity to participate in elections for the first time in nine years, he added.
The chief justice said Justice Rabbani had not even been confirmed as a judge of the Supreme Court on November 3, 2007, when he was pressurised by invisible forces to take oath under the PCO and reap the rewards which included regularisation of his status. Speaking on the occasion, President Supreme Court Bar Association Asma Jehangir stressed on the need to preserve the lines drawn by the apex court for distinguishing between the status of permanent and ad hoc judges in the Al Jehad Trust case. “This is my first reference for an ad hoc judge and I do hope it will be the last.” The appointment of an ad hoc judge should only be considered as a last resort, she added.
Published in The Express Tribune, October 20th, 2011.
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