Impartial judgement: Government-judiciary gap ‘productive’ for justice: CJ Khan

Says there are increased complications in missing persons cases.

PESHAWAR:

If the executive and the judiciary joined hands and compromised on all issues, justice would be hindered.

This was stated by Peshawar High Court (PHC) Chief Justice (CJ) Dost Muhammad Khan on Monday after Prime Minister Raja Pervez Ashraf was given respite until September 18 in the National Reconciliation Ordinance (NRO) implementation case.

He said that “space should be there to create a little tension”, adding that close ties between the executives and judiciary would not let the judiciary perform its duties as required.

He was addressing media after the closing ceremony of the Judgment Writing training session provided to the first batch of civil judges at the Khyber-Pakhtunkhwa Judicial Academy.

The PHC CJ also stated that people were still filing habeas corpus petitions, alleging that security agencies and the police were picking up their relatives and were seeking their safe return.

“We still receive 15 to 20 petitions a day, which is evidence that people are still being detained unlawfully,” CJ Khan said. He further said it was becoming increasingly difficult for the courts to differentiate between cases of missing persons and people who had runaway.

“Sometimes we find out that the ‘missing’ person has in fact has joined a militant group,” Khan said, “creating many problems for us.”

People are currently still being released on conditions of sufficient completion of de-radicalisation process that they undergo at different internment centres.

“Those being set free are done so on surety bonds so that they do not indulge in anti-state activities anymore,” he said. About 1,100 militants had been taken to such centres so far.

Earlier, the PHC CJ addressed the first batch of civil judges to attend the judgement writing seminar in the Khyber-Pakhtunkhwa Judicial Academy. Civil judges from many different districts of the province received training.

Published in The Express Tribune, August 28^th, 2012.