مضمون کا ماخذ : لاٹری ایپلی کیشنز کے فوائد
Why not suo motu against bar members?
Chief Justice of Pakistan Justice Mian Saqib Nisar and his colleagues seem to be on a rampage. Following his whirlwind tours of hospitals and a string of suo motu notices on schools, hormone dairy vaccines and other products, Justice Nisar has now asked the Capital Development Authority (CDA) to furnish – within a week – […]
Chief Justice of Pakistan Justice Mian Saqib Nisar and his colleagues seem to be on a rampage. Following his whirlwind tours of hospitals and a string of suo motu notices on schools, hormone dairy vaccines and other products, Justice Nisar has now asked the Capital Development Authority (CDA) to furnish – within a week – information on illegal marriage halls, marquees and other illegal construction in Islamabad.
CDA officials are aware of the mushroom growth of illegal marquees and marriage halls in E-11, G-12, I-8 and even in many green areas of the F-sectors.
They also know most of the nearly 400 mosques/madaris in the federal capital are illegally built in green belts, including those by clerics close to various JUI factions, JeM and LeT. All of them have encroached on precious state lands.
Similarly, Islamabad lawyers are currently raising offices in the F-8 Football Ground as well as massively encroaching the designated Parking areas of F-8 Markaz. They have also expanded their illegal one room offices into dangerous triple storey structures in total violation of law and construction regulations, which is a continuous hazard to the commercial properties and their tenants.
Many politicians may call the SC moves judicial overdrive. Some may deride it as judicial activism. But, with a 1.9 million pendency in all the courts across Pakistan, the Chief Justice is perhaps doing the right thing; challenging the governance inertia, misgovernance, emasculation and abuse of power by the mighty ones including politicians, bureaucrats and military officers and businessmen.
Pakistan’s hapless and helpless people welcome this judicial activism. And the Chief Justice would do well – in the larger public interest – also to add to his list of illegal structures in Islamabad:
a) an enquiry on unchecked growth of illegal mosques/madaris in green belts, b) Schools in residential areas, c) blatant encroachments by members of the bar in F-8 which has become a nuisance for residents and traders, d) prevention of the blatant abuse of the law on stay orders that judges in the lower judiciary issue with impunity, often in collusion with lawyers, e) prevention of the misuse of blasphemy laws, f) Institution of standardized alternate dispute resolution mechanisms such as the Dispute Resolution Councils in the Khyber Pakhtunkhwa , which have proven to be an extremely cost-effective way of alternative justice and g) Reform of the most frequently abused parts of the CrPC and CPC
Much of the pendency also has to do with litigation that results from stay orders. The apex court through the Law and Justice Commission should also introduce checks against willful abuse of various laws that end up benefiting only the rich. Lawyers and their representative bodies should also be subjected to the rule of law. If the CJ talks about mis-governance and abuse of power in other spheres, he should also turn his attention to the appropriation of public property by lawyers themselves too.
Pakistan and its Supreme Court find themselves at the cusp of a new phase of their existence as far as the rule of law is concerned. The present judges can make history by restricting themselves to larger, public interest issues. Instead of them stretching themselves thin, the apex judge member should focus on justice system reforms (Guided by the Peshawar High Court, the KP government has already moved to amend the 1908 era Civil Procedures Code).
The SC can at least lay down some new rules of the game to the advantage of the teeming millions, who find themselves at the mercy of the powerful wealthy and professional elites.
The writer is Editor, Strategic Affairs
Published in Daily Times, January 17th 2018.
