–Says ‘truth shall finally prevail’ in spite of propaganda
–Incoming CJP Gulzar says will uphold rule of law, protect constitution and independence of judiciary
ISLAMABAD: Outgoing Chief Justice of Pakistan (CJP) Asif Saeed Khosa on Friday said that a malicious campaign has been started against the judiciary but the “truth shall finally prevail” above all.
Justice Khosa made these remarks while addressing a full-court reference organised at the Supreme Court on the eve of his retirement.
The statement just a day after a special court released the detailed verdict in the high treason case against former president General (r) Pervez Musharraf.
The strong-worded verdict, which handed Musharraf the death penalty for imposing emergency in the country on November 3, 2007, has been severely criticised by the government and the Inter-Services Public Relations (ISPR) as an ‘attack on the institution of the army’.
Addressing the gathering later, the top judge said, “I always did what I thought was right and was worth doing.”
“I gave my hundred percent to the job, tried to perform beyond the call of duty, never raised my voice, spoke mainly through my pen, never delayed a judgement unduly and after giving the best years of my life to this public service, I lay down my robes today with a conscience which is clear as crystal.”
Justice Khosa will end a career in the judiciary spanning almost two decades. Justice Gulzar Ahmed will take oath on Saturday as the 27th chief justice of Pakistan.
The outgoing chief justice said that he had always “strived to live up to my oath of office and have tried to dispense justice according to law and without fear or favor, affection or ill-will”.
“It is not for me to lay any claim on the correctness of my legal opinions but I only hope that posterity may judge me with kindness and may appreciate the sincerity of the efforts made,” he added.
He went on to list the measures he took in order to bring reforms in the judiciary which include the launch of e-courts, online Supreme Court database, revamping of the SC website as well as the launch of a mobile application. He pointed out that a backlog of pending criminal appeals was wiped out and the practice of asking for adjournments was “effectively discouraged”.
“An all-out effort was made to put our own house in order with an approach focusing mainly on improving the justice delivery system,” he said, adding that during his tenure as the country’s top judge “the image of [the Supreme] court as a dignified judicial forum sitting at the apex of judicial hierarchy was maintained, the principle of separation of powers was adhered to, judicial restraint was exercised and dignity and respect was ensured for all appearing before the Court as lawyers, litigants or officials.”
Justice Khosa concluded his speech with a poem by Fahmida Riaz titled ‘Faiz Kehtey’.
In his address on the occasion, CJP-in-waiting Justice Ahmed paid a rich tribute to his predecessor and termed the outgoing chief justice as a judge “par excellence” and “a person of extraordinary intellect, unmatched integrity and outstanding erudition”.
Though Justice Ahmed did not lay out a roadmap for his tenure as the top judge, he noted: “Rule of law, protection of Constitution and independence of the judiciary, are the foremost tasks with which this court is constantly confronted with.
“This court has, in the past, addressed these challenges and shall continue to address these challenges with all due dignity and profoundness,” he said. He also insisted that the “state should build and provide for civic and civil infrastructure”. Justice Ahmed is currently hearing multiple cases pertaining to illegal encroachments and lack of infrastructure in urban cities.
He said the state must adopt a “humanistic approach,” emphasizing that “corruption and illegalities, in all the departments of the State, need to be seriously addressed and eliminated”.
The reference was attended by all Supreme Court judges with the exception of Justice Qazi Faez Isa who is on holiday. The attendees also included vice-chairman of the Pakistan Bar Council, president of the Supreme Court Bar, additional attorney general and others.
Earlier, speaking on behalf of the attorney general at the reference, Deputy Attorney General Amir Rehman said [Khosa] has been labeled a “poetic judge” because of his observations and judgments.
“As a judge, he decided 55,000 criminal cases as well as 10,000 criminal cases. In addition, he also made his stance clear on submitting false testimonies and evidence to courts,” he said.
The deputy attorney general also criticised the special court’s verdict in the high treason case against former dictator Pervez Musharraf. “The special court did not follow Khosa’s principles in deciding cases. Their conduct runs contrary to the conduct of the court’s top judges,” he said.
Sworn in as the 26th chief justice of Pakistan on January 18, 2019, following the retirement of Justice Saqib Nisar, Khosa presided over proceedings in his last case as the chief justice of Pakistan earlier this morning. “Today I am hearing my final case,” he remarked in court. “I wish everyone the best.”
