Perception of accountability as ‘political engineering’ dangerous, cautions CJP

ISLAMABAD: Chief Justice of Pakistan Asif Saeed Khosa has cautioned that the ongoing accountability process in the country being perceived as a part of “political engineering” is a dangerous perception as he urged “remedial steps” to be taken.

“We as a relevant organ of the state also feel that the growing perception that the process of accountability being pursued in the country at present is lopsided and is a part of political engineering is a dangerous perception and some remedial steps need to be taken urgently so that the process does not lose credibility,” the chief justice said while addressing a ceremony on the new judicial year at the Supreme Court building on Wednesday.

He added: “Recovery of stolen wealth of the citizenry is a noble cause and it must be legitimately and legally pursued where it is due, but if in the process the constitutional and legal morality of the society and the recognised standards of fairness and impartiality are compromised then retrieval of the lost constitutional and legal morality may pose an even bigger challenge to the society at large in the days to come.”

“It may not be lost sight of that while talking of social and economic justice the Objectives Resolution of 1949 and the preamble to the Constitution also speak of political justice,” he said. “Voices being raised about muzzling of the print and electronic media and suppression of dissent are also disturbing.”

He cautioned: “It must be appreciated by all concerned that a voice suppressed or an opinion curbed generates frustration, frustration gives rise to discontent and increasing discontent poses a serious threat to the democratic system itself.

“Constitutionally guaranteed rights of citizens ought never to be compromised for the sake of short-term political or governance advantages. Democracy requires a long-term approach and tolerance for dissent and without that the system plunges into authoritarianism and we have witnessed plenty of it in the past with disastrous consequences.”

He also pledged the judiciary is committed to play its role as per the law and the Constitution.The chief justice further said the Supreme Judicial Council (SJC) “is mandated by the Constitution to inquire into the conduct of judges of the superior judiciary” and the job to be performed in that regard is the “most unpleasant job that its chairman and members are to perform in their entire judicial careers”.

He added: “Nonetheless, it is a constitutional duty they cannot refuse to perform and the Constitution empowers the president to direct the council to inquire into the conduct of a judge and the council cannot disregard such a constitutionally mandated direction and it must inquire as directed.”

He said it, however, “goes without saying that such a direction to inquire does not and cannot control the opinion to be formed by the council after inquiring into the matter”.On the other hand the council’s hands are freer in the matter of holding an inquiry or not as far as complaints or information received against a judge from any other source are concerned and in such cases the council can determine at the initial stages to file/dismiss a complaint/information while deciding that the matter is not worth holding any inquiry, he added.

“Be that as it may, the whole exercise in either case has to be a very sober and dignified exercise keeping in view the senior and respectable positions of the judges inquiring into a matter and the exalted positions of the judges whose conduct is to be looked into,” he said and added: “Nothing but maturity, sobriety and grace is to be expected in the matter from all concerned.”

“I may take this opportunity to inform you in the broadest terms that the complaints/information received by the council from the general public are mostly about some observations made or conduct displayed by a judge during the course of hearing of a case or in respect of a decision which has gone against a party,” he said.