Former Indian Judge Writes Open To CJP Nisar To Exercise ‘self Restraint’

Says Justice Nisar seems to be obsessed with the idea of constructing dams in Pakistan

Lahore (UrduPoint / Pakistan Point News – 20th September, 2018) Chief Justice of Pakistan (CJP) Mian Saqib Nisar who is known for his activism, suo motu notices and generating funds for dams’ construction is in the eye of India as well.

Former Indian Supreme Court judge Markandey Katju has written an open letter to CJP Nisar to exercise self restraint.

“With due respect to Justice Saqib Nisar, the Chief Justice of Pakistan, it seems to me that of late he has not been exercising the self-restraint expected of a judge of a superior court, and particularly of the chief justice of the apex court of a country,” he began.

He said that Justice Nisar seems to be obsessed with the idea of constructing dams in Pakistan to alleviate the problem of water shortage in the country, so much so that it seems to have become a bee in his bonnet.

He went on to say, “There is an unwritten code of conduct for judges that a judge should only speak through his or her judgments and generally exercise restraint. But Justice Nisar, in his zeal for getting dams constructed, has not only advocated this goal in his orders and utterances in court, he has also been propagating it on tv channels and in public meetings. He said on several occasions that the Kalabagh Dam guarantees the survival and security of Pakistan. He has favoured building the Diamer-Bhasha and Mohmand dams, and has ordered an account opened in banks to collect donations. He applauded eunuchs for donating Rs 2 lakh for this purpose, and has ordered that bad debts be recovered and the money used to build dams.”

He was unhappy with the CJP’s statement of trying people who hinder the construction of dams under Article 6 of Pakistan’s constitution.

“Not content with this, he has gone further and issued threats, saying that anyone who hinders the construction of dams will be tried under Article 6 of Pakistan’s constitution as a traitor and enemy of the country.

He has given a ‘last warning’ to those who criticised the Supreme Court of Pakistan for collecting donations to construct dams and said that “no matter how high he is we will take him to task”. Strange language coming from the chief justice of a country.”

“Article 6 of Pakistan’s constitution says that anyone who abrogates, subverts, suspends or holds in abeyance the constitution, or attempts to do so, by use of force or show of force or by any other unconstitutional means, shall be guilty of high treason,” he added.

Katju further said, “This provision was directed against army generals like Pervez Musharraf who staged a coup d’état and abrogated/suspended the constitution. How can it be used against persons who oppose the construction of dams? Will someone become a traitor if she says that building dams is not the correct way for solving the water shortage problem and that there are other ways?”

“As regards the exploitation of ground water by mineral water companies – the actual case before him – Chief Justice Nisar has rightly expressed the concern that they were overcharging the public to make profits. But what he has forgotten is that it is for the legislature and executive, not the judiciary, to regulate this malpractice. He could, at most, have asked the government to look into the matter, not try to fix the problem himself.

No doubt judges in Pakistan too are concerned about the water shortage in the country and they can ask the executive to find ways and means of resolving the problem. But it is not open to judges to themselves dictate how to resolve the water shortage, since that can only be done by technical experts. Possibly there may be other ways to solve the problem,” he concluded.