Nisar: top court passed many landmark verdicts; Full court reference held for CJP Nisar
Chief Justice-designate Justice Asif Saeed Khosa made it clear on Thursday that the apex court will rarely use suo motu powers. “It will only be used when absolutely necessary.”
“Suo motu exercise of this Court’s jurisdiction under Article 184(3) of the Constitution shall be exercised very sparingly and only in respect of larger issues of national importance where either there is no other adequate or efficacious remedy available or the available constitutional or legal remedies are ineffective or are rendered incapacitated,” he said while speaking at the full court reference held for Chief Justice Mian Saqib Nisar at the Supreme Court here on Thursday.
“Either through a full court meeting or through a judicial exercise an effort shall be made to determine and lay down the scope and parameters of exercise of the original jurisdiction of this court under Article 184(3) of the Constitution and, if deemed appropriate, to carve out the scope of an intra-court appeal in such matters through an appropriate amendment of the Supreme Court Rules or to suitably amend the provisions relating to review jurisdiction so as to enlarge its scope in such cases.”
“I am conscious that the issues being faced by the justice sector are gigantic but I may assure you that no stone shall be left unturned in attending to such issues and in trying to improve the situation. With Baloch blood running in my veins I shall fight till the end and I am confident that with the support and cooperation of my colleagues and the Bar the struggle shall bear fruit.”
Justice Khosa said that he had been working alongside Justice Nisar for 20 years but will now have to part ways as per the law. He said that the outgoing chief justice had faced many constitutional, societal and political challenges during his tenure and headed the judiciary in “very difficult circumstances”. Justice Nisar’s services for humanitarian causes will be remembered, he added.
Outlining his plan for his upcoming tenure as top judge, Justice Khosa said that he will ensure the quick dispensation of justice. Referring to Justice Nisar’s efforts to raise donations to build the Diamer-Bhasha dams, Justice Khosa said that he too wanted to build a dam.
“Mian Sahib had once observed publically that he is left with only two ambitions in life, i.e. to build dams and to retire the national debt.
“I would also like to build some dams, a dam against undue and unnecessary delays in judicial determination of cases, a dam against frivolous litigation and a dam against fake witnesses and false testimonies and would also try to retire a debt, the debt of pending cases which must be decided at the earliest possible. “Currently there are 1.9 million cases pending in courts. Three thousand judges cannot dispense of so many cases,” Justice Khosa noted.
Speaking on the role of other courts, the SC judge said: “The trial of a civilian in a military court is considered wrong across the world. It is said that military courts take less time to issue verdicts. Civilian courts should try to resolve cases in a short period of time.