Judicial activism: PHC CJ glorifies courts for showing door to dictator

Claims democracy and independent judiciary were restored by unifying efforts of lawyers.

PESHAWAR:

It was the judiciary that put its foot down and brought him before the courts, which is a unique example in history, said Peshawar High Court (PHC) Chief Justice Dost Muhammad Khan in a veiled but direct reference to the ‘arrest’ of former president Pervez Musharraf.

Justice Khan was addressing lawyers at the oath-taking ceremony of newly-elected members of the PHC Bar Association, PHC circuit bench Bannu, Karak district and Takht-e-Nusrati tehsil lawyers’ bodies on Monday.

He said after the constitution was suspended in March and November 2007, lawyers with support from the media and the civil society showed the dictator the door. “Democracy and an independent judiciary were restored by the unifying efforts and struggle of the lawyers,” he added.

“Unwise decisions taken during the dictatorial regime landed the country into great troubles,” remarked Justice Khan, claiming the judiciary does not have personal grudges against any institution and only desires the supremacy of law. Any violation of the law, however, will never be tolerated and everyone should be treated equally, he added.



“You will see that justice will be done in all circumstances,” he said, demanding that Articles 246 and 247 be removed from the Constitution. He also advocated the jurisdiction of the apex court and the PHC be extended to the Federally Administered Tribal Areas (Fata). According to him, this will help address the grievances of the tribal people.

Tribal legislators were conferred the powers to legislate laws for the rest of the country, but not for the areas they represent or come from, maintained Justice Khan, adding this sense of deprivation needs to end.

Commenting on the conflict in Afghanistan, the PHC chief justice said more people will die as a result of the withdrawal of international forces from the war-torn country. “The United Nations is meant to maintain peace and prevent aggression. However, it has become hostage to some powerful states.”



Earlier, newly-elected cabinet heads addressed lawyers and assured the judiciary of ‘all out support.’

PHCBA President Ishtiaq Ibrahim apprised Justice Khan of the problems being faced by lawyers and pointed out several district bars needed attention. He said lawyers often complain about the lack of maintenance and facilities at the court premises. Ibrahim also requested the resolution to declare the commissioner house as the PHC Bannu circuit bench be endorsed.

Published in The Express Tribune, April 23^rd, 2013.