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Saqib Nisar: Pakistan's most controversial Chief Justice?

 
 
Pakistan's Chief Justice Mian Saqib Nisar will probably be the only judge in the country's judicial history who will be remembered for his "extra-judicial" activities rather than his judicial decisions.

For example, as a result of the intensity and frequency with which he highlighted the problem of water scarcity in Pakistan, he has not yet achieved his goal of building a dam. Delivered to the center of politics.

During his tenure as Chief Justice of Pakistan, he provided justice as well as taking steps that, in the eyes of legal experts, amounted to direct interference in government and administration.

Clean water, cleaning of hospitals, appeal for funds for construction of Bhasha Dam, action against encroachments, orders to withdraw security from key political and other personalities and holding a conference to control the population, these are the tasks that That is to be done directly by the government but the burden of these tasks was also borne on the shoulders of the Chief Justice.

Most of these issues were addressed through self-notice. The Supreme Court has a self-notice as a weapon that can be used against anyone at any time. Lawyers are also divided over the use of the law.

While he used the power of self-hearing in important cases to rule on them, his tenure saw an increase rather than a decrease in the number of cases pending in the Supreme Court. When Justice Saqib Nisar took over the post, the number of cases pending in the Supreme Court was 32,000 and today, when he is leaving, the number has reached 40,000.

Justice Saqib Nisar used to hear cases in the Lahore Registry Branch of the Supreme Court even on weekly holidays but most of these cases were in the public interest. However, he himself admitted that people were not getting justice as they used to get in the past.

The matter of suo motu notice by the Supreme Court is also pending in his court which has not reached its logical conclusion.

After former Chief Justice Iftikhar Muhammad Chaudhry, if there is one Chief Justice who has interfered in administrative matters using the most self-notice, it is Justice Saqib Nisar himself. As Chief Justice, he took suo motu notice of 43 cases, most of which have been disposed of.

It was Iftikhar Muhammad Chaudhry who brought Mian Saqib Nisar from the Lahore High Court to the Supreme Court despite the opposition of the then PPP government, while the then Chief Justice Khawaja Muhammad Sharif was number one in terms of seniority.

Lawyers have been critical of Chief Justice Saqib Nisar's judicial decisions, but his lawyers as well as his fellow judges disagreed with the manner in which he conducted the proceedings.

Among these judges are Justice Qazi Faiz Issa and Justice Mansoor Ali Shah. Judge Faiz Issa openly disagreed on the issue of self-notice regarding the Army Public School incident in Peshawar while Justice Mansoor Ali Shah later admitted his mistake and said that he should not have been part of the bench and The action of Chief Justice Mian Saqib Nisar was illegal.

Due to these differences, Justice Qazi Faiz Issa was rarely seen as a part of the bench headed by the Chief Justice.

Apart from the higher judiciary, his treatment of judges of the lower judiciary was also an adornment of news and commentary. During his visit to Sindh, his attitude towards Additional Sessions Judge Gul Zameer Solangi in a crowded court in Larkana was debated on TV channels and talk shows for several days and then resulted in the resignation of the said judge. ۔

In the case of transferring billions of rupees abroad from fake accounts, Justice Saqib Nisar kept offering the owner of Bahria Town that if he pays one thousand billion rupees for the construction of Bhasha Dam, all his cases will be settled while his On the contrary, during his tenure, the Supreme Court was also against the NAB's plebiscite approach and the apex court said that the law was tantamount to promoting corruption.

There was a general impression in the journalistic circles about Justice Saqib Nisar that he too, like former Chief Justice Iftikhar Muhammad Chaudhry, was very fond of being in the media. Mian Saqib Nisar spent the first five months in silence and during this period a large number of journalists also stopped going to the Supreme Court regularly but after that the journalists used to reach the Supreme Court as if they were former Chief Justice. Iftikhar used to go under Chaudhry.

Sometimes it would happen that if Mian Saqib Nisar had to visit a place, the media would be informed in advance through tickers and then the news would be aired on TV channels that 'Chief Justice's surprise raid'.

The story does not end there, but a picture of Mian Saqib Nisar praying during his visit to Turkey, released by the Supreme Court's public relations department, also graced private TV channels and newspapers. went. Supreme Court lawyers have argued that the release of the photo may be intended to show that a Muslim woman, Mian Saqib Nisar, was killed by a religious party following the decision to release Asiya Bibi, a Christian woman, in a blasphemy case. Questions were raised when it happened.

The decision to release Asiya Bibi was also written by Chief Justice Saqib Nisar, but it is also a fact that after the release of Asiya Bibi in a blasphemy case, there was a strong reaction from a religious party. As a result, a review appeal against the release of Asiya Bibi was not filed until Saqib Nisar's retirement.

It is said that the administration of the Supreme Court was compelled to perform the protocol duty of Mian Saqib Nisar as well as his son. All the verdicts against the former ruling Pakistan Muslim League-Nawaz were heard by the Chief Justice's son sitting in this gallery which is reserved for his family members for full court reference after the retirement of any judge. ۔

In the conference convened by the former Chief Justice on the issue of population control, when Prime Minister Imran Khan came to the Supreme Court to attend the conference, he met the Prime Minister in the presence of Mian Saqib Nisar's son Significant in the legal, political and journalistic circles.

The appointment of Mian Saqib Nisar as a judge in the Lahore High Court was made on the recommendation of the then Prime Minister Nawaz Sharif.

After the decision of Mian Saqib Nisar to remove Nawaz Sharif from the presidency of PML-N, when journalists asked Mian Nawaz Sharif in the accountability court about Saqib Nisar's decision, he replied that only Hazrat Ali The saying was repeated, "Beware of the evil of the one whom you do good to."

According to observers, Mian Saqib Nisar has as much place in the heart of the Pakistan Army as in the hearts of ordinary Pakistanis, so he was not ready to listen to anything against the army.

Justice Shaukat Aziz Siddiqui, a former judge of the Islamabad High Court, criticized the ISI for allegedly interfering in judicial affairs. Justice Saqib Nisar, as the chairman of the Supreme Judicial Council, took immediate notice and took action against the judges. After the shortest proceedings in Pakistan's judicial history, it recommended the removal of Justice Shaukat Siddiqui from his post.

Mian Saqib Nisar, as the Chief Justice of Pakistan, deliberately implemented the court decisions, but there are some things that he could not implement even if he wanted to.

Residents of Islamabad have long wanted a section of Shahra-e-Suhrawardy, which has been closed for the past 14 years, to be reopened to the public, but despite court orders, has the people's wishes been respected? This is a question that everyone knows the answer to.

Oath under PCO


After former President Pervez Musharraf came to power in 1999, Justice Saqib Nisar raised him as a judge of the Lahore High Court under his first PCO.

Although Justice Saqib Nisar did not take oath under the PCO after the state of emergency was declared in the country by the former military president on November 3, 2007, according to former Attorney General Irfan Qadir, shortly after the state of emergency was declared, Pervez Musharraf Chief Justice of the Lahore High Court Zahid Hussain, who was sworn in under the second PCO, had administered the oath of office to Justice Mian Saqib Nisar and Justice Asif Saeed Khosa.

Prior to the reinstatement of the then Chief Justice Iftikhar Muhammad Chaudhry, who was reinstated as a result of the lawyers' movement, the two judges had taken the oath of office.

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  1. Controversial is very small word for him he just destroyed our lifes

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