- A true jurist ends his tenure
Legacy, as we perceive it today, is mostly focused on a person’s last days in the game. Be it a political office, in the judiciary, the military, the civil service or any other leadership role, a person’s last days in power take precedence in the eyes of the general public over the previous days. Even though judging a person’s performance on the last days in office is unfair, yet the cruel world operates in such a manner and all past deeds are negated if one wrong move is made during the final days.
Asif Saeed Khan Khosa donned the robes almost two decades ago upon the insistence of his father and following some counselling by Mr Ijaz Hussain Batalvi, Senior Advocate. An independent minded lawyer was elevated to the bench which turned out to be one of the most blessed days for the judiciary. Even though commentators remain focused on his last days in office, however let us quickly run through his career on the Bench over the past 20 years. In a bid to quench his thirst to dispense justice, Mr Justice Khosa has decided thousands of cases and has developed the criminal jurisprudence of our country single handedly. From the early days of his elevation, Mr Justice Khosa was mostly tasked to take up criminal matters, which he did in an efficient manner, ending up as one of the top most jurists the country has ever seen.
Breaking stereotypes, the former CJP, Mr Justice Khosa, introduced literary writing in his judgements in a bid to make them a pleasant read for all. While some members of the legal fraternity disapprove of his literary judgements, most of them, including myself, consider his dictates to be a treat to the eyes. The artistic writing sheds light on any given principle of law in a manner which is comprehended easily and rather poetically. The careful choice of words, measured quotes and crisp writing style has always made his judgements enlightening.
If Mr Justice Asif Saeed Khosa is to be criticised for exercising judicial restraint where it wasn’t required, then so be it. Only short sightedness could be the reason behind blaming Mr Justice Khosa for being who he was as the CJP. In spite of the venom spewed towards him, in his own words, he sleeps like a log with his conscience clear
Our judiciary has had its fair share of criticism and praise in the recent past. While some have been criticised for not being proactive, others have been admonished for transgressing their constitutional boundaries. The superior judiciary has never been pivotal in its actual role, often harping around the doctrine of necessity amongst others. Bold decisions were seldom heard of in the past.
Theatrics aside, Mr Justice Khosa turned out to be one of the only members of the superior judiciary focused on carrying out their duty, as required. He maintained his focus on effective disposal of the cases before him, avoided unnecessary remarks and developed criminal jurisprudence. Before embarking upon a tirade of what he could have done and what he failed to do, one must not lose sight of the fact that it is the very same Mr Justice Khosa who admitted a petition challenging the Musharraf referendum as a High Court Judge, only to be taken off the case shortly afterwards. The very same Mr Justice Khosa who sent Mumtaz Qadri to the gallows in the face of imminent danger to his own life. The Mr Justice Khosa who, in spite of pressure from the Bar, restored the conviction in the Khadija Siddiqui case. And yet again the same Mr Justice Khosa who played a vital role in acquitting Aasia Bibi. Not to mention the sentencing of Nehal Hashmi; particularly the vivid remarks in the judgement.
His tenure as CJP was short, yet consequential. Legal jurisprudence continued to be developed on a daily basis. Owing to his sincere efforts, the country now has a clear definition of terrorism. The principle of falsus in uno falsus in omnibus (false in one thing, false in everything) has been applied and explained in light of Islamic principles. False testimonies have been discouraged and in fact penalised. The menace of falsehood has long been the foundation behind wrongful convictions. It was due to the attempts made by Mr Justice Khosa that this practice is now being actively discouraged.
Unfortunately, the citizenry, owing to publicity stunts in the past, is more used to theatrical display of justice.. Jurisprudential aspects do not concern the public who would have preferred the panchayat on Sundays as opposed to the serenity of Mr Justice Khosa’s courtroom. Nevertheless, history judges people on the basis of their lasting measures and not the short-lived melodramas. A recent narrative of him not having taken suo motu notices on a number of things that required interference is unwarranted. Mr Justice Khosa remained focused on the larger picture. He wanted to set precedents of exercising judicial restraint and avoiding undue interference into executive actions. His judicial restraint was instrumental in establishing that judicial interference cannot be a solution to bad governance.
At the same time, Mr Justice Khosa intervened where he was constitutionally required to. He will go down in history for being the first judge who made the military establishment amenable to judicial review. The Army Chief’s extension issue marks the beginning of institutional supremacy in its true sense. ‘Howsoever high you may be, the law is above you’ was effectively implemented as the legality of the Army Chief’s extension was probed into by the apex court. Similarly, it was Mr Justice Khosa’s bench which had earlier directed the special court to expeditiously proceed with Gen Pervez Musharraf’s trial.
If Mr Justice Asif Saeed Khosa is to be criticised for exercising judicial restraint where it wasn’t required, then so be it. Only short sightedness could be the reason behind blaming Mr Justice Khosa for being who he was as the CJP. In spite of the venom spewed towards him, in his own words, he sleeps like a log with his conscience clear.
I have no hesitation in stating that Asif Saeed Khan Khosa was the epitome of a true jurist. If this country had 10 other judges like him on the Bench, our judiciary would somersault towards eminence. He served the country for two decades and dispensed justice to tens of thousands throughout his tenure without fear. His Shakespearean captaincy of the judicial ship comes to an end as he hung the robes leaving behind a stronger, independent and bold judiciary.
Farewell, your lordship. Your services shall always be remembered with reverence.
