Justice Iftikhar Chaudhry will be a role model for SC: designated CJ
ISLAMABAD: “Public interest litigation is my favourite subject,” was the response of designated Chief Justice Tassaduq Hussain Jillani a few days back when during an informal discussion he was asked about the future of cases and countless complaints involving the interests of the common people who otherwise do not have access to the apex court.
“There is no question of tolerating corruption and constitutional deviations” was the response of Justice Jillani in response to another question during this discussion.
Justice Jillani had further said: “The literacy rate is low, people are not aware of their rights, and there are serious issues of governance, and this increases the importance of public interest litigation manifold.”
When asked by Abdul Qayyum Siddiqui whether the Human Rights Cell of the Supreme Court will be abolished after he will become the chief justice, the simple reply of Justice Jillani was, “Not at all”.
In addition to this informal discussion, Justice Jillani had said, while addressing a seminar, that Justice Iftikhar Muhammad Chaudhry will be a role model for the Supreme Court.
All this establishes beyond an iota of doubt that the apex court will continue to deliver in accordance with the law and the Constitution and there will be no decrease in hearing and taking up of cases of the poor, less-privileged and deprived people or the children of a lesser God.
This clear stance also establishes that the viewpoint of certain circles in the government, that things regarding the adjustment of some favourites illegally or continuing with some controversial practices would be easy after the retirement of Chief Justice Iftikhar Muhammad Chaudhry on December 11, 2013, are not only wrong but also wishful thinking.
It is clear that many expectations of the present government may not be fulfilled even after December 11.
Many top guns in the government think that after Justice Chaudhry, the Supreme Court ‘will go easy’ on cases against some favourite appointees of the present rulers like the one heading the accountability infrastructure of the country as well as in cases of many other illegal appointments and issues of bad governance.
Top jurists have no doubt in their mind that the superior judiciary, headed by Justice Jillani, will be as effective as it was during the historic era of Justice Chaudhry and not only will the poor continue to get justice through public interest litigation but no corrupt elements will be able to survive or to expect tolerance or leniency from the apex court.
Very few know that the suo moto notice on the biggest corruption case in recent history, the New Murree project involving major environmental issues, was taken by Chief Justice Iftikhar Chaudhry on a note by Justice Jillani.
It was a bench headed by Justice Tassaduq Hussain Jillani which declared the appointment of Admiral (retd) Fasih Bokhari former chairman NAB as illegal and unconstitutional.
Bokhari’s appointment was the biggest ever illegal appointment by the previous government which resulted in the closure of huge corruption cases and friendly prosecution in many important cases involving big fish and the whole accountability institution was turned into a corruption-friendly system.
Just a few days back, when pieces of a lizard were found in food served to prisoners of Kot Lakhpat Jail and the rulers of Lahore were mysteriously silent, it was Justice Jillani’s note which became the basis of a suo moto notice on this terrible issue of rights.
It was the judgement authored by Justice Jillani which settled the long standing issue of quota of Haj tour operators. The judgement acknowledged that it was executive’s domain to issue quotas but the same must be done under a well devised policy and the same should be revised every year.
The judgement in the case of killings in the PIC because of fake medicines was also penned by Justice Jillani.
Not only this, Justice Jillani was also part of all the historic judgements passed by the independent judiciary in the post-March 21, 2009, Supreme Court, led by Chief Justice Iftikhar Muhammad Chaudhry.
Whether it was the case of the unconstitutional acts of November 3, 2007, decided on July 31, 2009, or it was the December 16, 2009, historic judgement on the NRO, Justice Jillani was always part of the benches which created judicial history in Pakistan.
Above all, Justice Jillani was part of the bench which restored Justice Iftikhar Muhammad Chaudhry as chief justice of Pakistan on July 20, 2007, after the latter was sacked by dictator General Musharraf on March 9, 2007.
These facts only remind the federal as well as all the provincial governments to act strictly in accordance with the law and Constitution instead of pinning hopes that there will now be tolerance for illegal acts or for corruption, misconduct or confrontation with the law, Constitution or the Supreme Court.
