Swansong: Justice Khawaja becomes CJP for 24 days

Refuses perks, due to retire next month

ISLAMABAD: Justice Jawwad S Khawaja was sworn in by President Mamnoon Hussain as the new chief justice of Pakistan (CJP) on Monday after CJP Nasirul Mulk’s retirement.

However, the top judicial post would be Justice Khawaja’s swansong as he is also due to retire next month, making his 24-day tenure the shortest in the country’s judicial history.

Known as an outspoken judge, the new CJP has refused to avail all perks, privileges and protocol that come with the job.

Sources told The Express Tribune that he has refused to accept an official plot in the federal capital in line with the federal government’s policy.

During former president Pervez Musharraf’s rule, two plots were awarded to Supreme Court judges and top bureaucrats.

The Public Accounts Committee later recommended abolishing the policy.

The prime minister approved the recommendation, so now one plot is awarded to every SC judge.

A source said Justice Khawaja has also refused the official car and security protocol as well as opted against residing in the official residence of the CJP. “He has also decided not to use the CJP’s chamber, as he would continue working in his old chamber.”

Justice Khawaja, who is said to be against VIP culture, had invited lower-category employees to attend the oath-taking ceremony at the President House.

Meanwhile, the Judicial Commission of Pakistan (JCP) has approved confirmation of three additional judges of the Balochistan High Court.

Being the chairman of the JCP, Justice Khawaja held the first meeting on Monday. The names of three additional judges – Justice Shakeel Baloch, Justice Kamran Mulakhail and Justice Ijaz Swati – were recommended for confirmation.

Judicial activism

A number of law officers and senior journalists believe that Justice Khawaja might issue judgments in important cases during his brief tenure. They expect judicial activism to be in full swing until his retirement.

As the government issued notification of his appointment, a number of lawyers whose cases were scheduled to be heard by Justice Khawaja have applied for general adjournment.

The new CJP has especially expressed disappointment over the absence of a local government in Sindh and Punjab. The matter is fixed to be heard during next week.

It is also expected that CJP Khawaja would make the apex court’s human rights cell operational, as it has been redundant since former CJP Iftikhar Chaudhry’s retirement.

According to observers, after his appointment as an SC judge, Khawaja remained a part of Chaudhry’s bench most of the time, which is why he is a signatory to judgements in a number of high-profile cases.

During his six-year tenure as a judge of the apex court, Justice Khawaja has authored judgments wherein guidelines were issued for introducing reforms.

In one case, he sought recommendations from all stakeholders to end ‘thana (police station) culture’. In a recent case, he directed all the provincial health departments to formulate legislation for the safety of labourers.

Due to his special attention, the federal and provincial governments have regulated the services of lady health workers. He had also formed a media commission wherein recommendations were given for formulating media laws.

Also to his credit is his directive to the auditor general of Pakistan to audit the “secret funds” of all state departments during the case wherein a list of hundreds of journalists, who had allegedly received perks and privileges from a “secret fund” of the information ministry, was presented before the bench.

These days he is hearing matters regarding regularisation of non-governmental organisations and the National Accountability Bureau’s investigation into mega scandals.

In a recent case, while hearing the review plea of a Pakistan Tehreek-e-Insaf candidate, Justice Khawaja reversed the apex court’s order to conduct re-polling at some polling stations in NA-18 (Abbottabad).

Following the verdict, some senior lawyers started questioning if a two-judge bench could reverse the order of a three-judge bench.

Earlier this month, he held that the 21st amendment was liable to be struck down because the parliament was not a sovereign body, as there were no limitations on its power to amend the constitution.

He is not new to controversy. In a few cases, applications were filed for his recusal from the bench on the grounds that he was biased. Banners were also put up against him on the federal capital’s roads for hearing a petition filed by the owner of a media group.

Published in The Express Tribune, August 18^th, 2015.