- Leaves behind a legacy of firsts
Mr Justice Asif Saeed Khosa has concluded his service as Chief Justice of Pakistan after only 11 months, which although is a relatively short tenure was one during which a lot has been achieved. CJP Khosa took over the reins from Mr Justice Saqib Nisar, who in the name of judicial activism had made a mockery of the superior judiciary with his incessant need to be in the limelight, that he achieved in part by regularly making controversial off-the-cuff remarks and most notably through the plethora of suo motu notices that were taken during his tenure to the extent that his impartiality too had come into question. As the new CJP, Mr Justice Khosa found himself leading a judiciary that was in desperate need of some normality and direction. To that end Mr Justice Khosa, as promised, did not take a single suo motu notice throughout his stint as CJP, all the while avoiding unnecessary appearances or commentary on the airwaves. He also steered away from politicising his office as did so many of his predecessors, most notably Mr Justice Iftikhar Chaudhry, had done before him. But perhaps it will be the events of his last month in office that will form the core of his legacy; the matter of the chief of army staff (COAS) Bajwa’s extension taken up by the Supreme Court on the basis of an individual’s petition and the Musharraf treason case concluding after six years.
Both are firsts in the country’s history. The procedure of giving the COAS an extension had never been openly debated before which is why it is as arbitrary as it is currently laid out. Through its judgment, the Supreme Court has directed the government to bring “certainty and predictability” to the post of COAS, an added advantage of which is that the government will finally have to pass a law rather than presidential ordinances. The dust had only just settled on the extension proceedings when Gen (r) Pervez Musharraf was found guilty of treason by a special court handing him a death sentence. Mr Justice Khosa is now, quite expectedly, being linked to the wrapping up of the case despite the best efforts of the government to restrict any outcome. A military dictator being sentenced for abrogating the constitution sets a much-needed precedent. It is hoped the incoming CJP maintains the same momentum as his predecessor.
