CJP Designate assures to use suo-motu scarcely

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17 Jan, 2019 4:35 pm

ISLAMABAD (92 News) – Chief Justice of Pakistan (CJP) Designate Justice Asif Saeed Khosa has vowed to solve causes of delay in disposition of cases, assuring that the Supreme Court will use its suo motu powers only sparingly.

It is pertinent to mention here that Justice Asif Saeed Khosa will take charge as the CJP on Friday.

Addressing about his priorities at the full court reference on the retirement of outgoing CJP Mian Saqib Nisar on Thursday, Justice Khosa said that suo motu notices during his tenure will only be taken very sparingly and only in respect of larger issues of national importance where another solution is not in sight.

The CJP-designate said that there are about 1.9 million cases pending in Pakistan before all the courts put together and to handle such a huge number of cases there are only about 3000 Judges and Magistrates available from top to bottom.

He said it is time to introduce some structural and systemic changes so as to minimize litigation, eliminate unnecessary delays and rationalize the workload.

Justice Asif Saeed Khosa said 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. He said in the recent past there has been a trust deficit between different organs of the State and every organ has reasons for sticking to its declared position.

The CJP designate said time has come when we should put our heads together and in the spirit of truth and reconciliation discuss the larger issues jeopardizing good governance. He also said let us discuss with open minds where the judiciary, the executive and the legislature have gone wrong in the past.

The chief justice designate said the issues of alleged encroachment of the executive domain by the judiciary through interference in matters of policy and the alleged excessive use of its constitutional jurisdiction in administrative matters also needs to be discussed.

“Let us also discuss the role of the armed forces and the intelligence agencies in the governance paradigm. Civilian supremacy as well as civilian accountability are sine qua non for democratic sustainability,” Justice Khosa said.

The CJP designate said it should also be deliberated how civilian supremacy can be ensured alongside civilian accountability without the process of accountability destabilizing democracy. He proposed holding of an inter-institutional dialogue at the summit level with President of Pakistan to be chaired.

He also asked for com Chief Justice Designate Justice Asif Saeed Khan Khosa has vowed to attend to the causes that contribute towards delay in disposition of cases at all levels of the judicial hierarchy.

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