Nowhere in world hue and cry raised on dissenting notes: CJP

Says mistrust on courts will have to be removed; urges Imran, being a leader, to play his role in steering country out of atmosphere of mistrust

ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Monday said that nowhere in the world hue and cry was raised on dissenting notes of judges. 

He expressed these views while taking note of the dissenting notes of the Supreme Court judges in the PanamaLeaks case judgment. He said that it was imperative to bring an end to mistrust on the courts.

The chief justice observed that the way the people commented on the court’s decision in the country is a practice that had never been seen in any part of the world. He further observed that there was practice in all over the world where judges gave dissenting views in judgments.

The chief justice said this while heading a three-member bench hearing suo moto case which was taken on a complaint, filed by PTI chief Imran Khan regarding municipal lawlessness in Banigala.

He said the Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, being a leader of the nation, should play a constructive role in steering the nation out of the atmosphere of mistrust.

The chief justice said, “The nation trusts the courts which are performing their duties in accordance with law hence it approaches the courts seeking relief.” He said, “Imran Khan is not an ordinary person and so his voice can bring further improvement and lead the country on the path of progress.”

Mr Khan had highlighted in his compliant, continuous large-scale encroachment on the botanical garden and park in Banigala, which is going on unchecked by the CDA and park is not only shrinking in size but also subjected to massive cutting of trees threatening wellbeing of the future generations as Pakistan is one of the worst victims of global warming.

On Monday, during the course of hearing, Chief Justice Mian Saqib Nisar in an interesting conversation asked Imran Khan to play his constructive role in steering the nation out of environment if mistrust.

The chief justice while acknowledging Imran Khan as leader said that his voice could lead the country further towards the path of progress as he was not a common person. “People need such a leader who could take the nation towards progress and it should be the motive too”, the CJP said, adding that everyone including him must respect the court.

The chief justice while further addressing the PTI chief said that giving dissenting notes in court’s verdicts are common practice around the globe however, he observed that the way people commented here in Pakistan on court’s judgments, could not be found abroad.

PTI chief Imran Khan however, replied that he and his party had great respect for the judges of Panamagate bench which had done an outstanding job. On the judgment of Panama case, Khan said that such type of litigation had never been adjudicated before in country’s history.

Khan said whatever the decision was, he and his party respected the judiciary and would always defend the judges. Earlier, at the start of hearing, Imran Khan submitted before the court that due to encroachments in Banigala, the park was not only shrinking in size but also subjected to massive cutting of trees threatening wellbeing of the future generations. 

Furthermore, he contended that there were unplanned and unregulated multi-story plazas being cropping up across Banigala with no sewerage and waste disposal systems in place or building plan adding that no building codes and regulations were being followed.

Meanwhile, Advocate General Mian Abdur Rauf submitted a report on behalf Islamabad Capital Territory (ICT). The court was also informed that the Capital Development Authority (CDA) had also filed a report.

The ICT report stated that as per the Ministry of Climate Change the area of Botanical Garden consisted of 725 acres of land and falling in Revenue Estate of Mouza Atha, Mallot, Banigala, Sanjalian and Phulgran.

It further stated that the land of Botanical Garden existed between the belts of above mentioned mouzas and the direct stakeholder of this area was CDA and Ministry of Climate change. Advocate General, Islamabad informed the bench that prime minister’s directions had been issued regarding building of a wall measuring 14,330 meters.

The Secretary Climate Change, the Surveyor General of Pakistan, the CDA chairman and ICT commissioner will personally ensure that the demarcation is completed within three weeks, he added.

He further assured that the encroachment/illegal occupants would be removed and any surplus land would be handed back to the CDA or the government organisation concerned in accordance with the ICT master plan.

Meanwhile, the court directed that copies of both the reports should be provided to Dr Babar Awan, the counsel for the petitioner PTI chief Imran Khan. The court restrained the authorities from cutting the trees from the area falling in Botanical Garden and National Park to Korang Road and from Murree Road to Banigala. The court also directed Wapda and Sui Northern Gas not to provide electricity and gas connections to any building which had not been sanctioned by any authority of law.

Similarly, the court also directed ICT and CDA to keep vigilance and monitor to ensure the prohibition of tree cutting, encroachments and unauthorised erections on buildings. The court also asked CDA and ICT to submit report regarding proposal of sewerage and waste disposal besides submitting a joint report after survey near Rawal Dam regarding the issues on the next date of hearing. Later, the court adjourned the hearing till May 10.