Islamabad, February 01, 2022 (PPI-OT):Mr. Justice Gulzar Ahmed, Hon’ble Chief Justice of Pakistan My fellow Judges; Mr. Khalid Javed Khan, Attorney General for Pakistan; Mr. Hafeez-ur-Rehman Chaudhry, Vice Chairman, Pakistan Bar Council; Mr. Ahsan Bhoon, President, Supreme Court Bar Association; Members of the Bar; Distinguished guests; Ladies and gentlemen. Assalam-o-Alaikum! We are assembled here today to bid farewell to Mr. Justice Gulzar Ahmed, Hon’ble Chief Justice of Pakistan, who is laying down the robes of his office today after a glorious judicial career extending nearly two decades. It is thus an opportune time to acknowledge his notable contributions to the legal field and his services to the administration of justice.
The many achievements of Mr. Justice Gulzar as an Advocate and Judge of the Sindh High Court have been aptly recounted by the Speakers who came before me. I should therefore not be repetitive; but may recount the milestones he achieved as the Chief Justice of Pakistan notwithstanding the problems that he faced. 2. Mr. Justice Gulzar was appointed as the 27th Chief Justice of Pakistan on 21st December, 2019. At that time two challenges confronted the Supreme Court. The first was the initial brunt of the COVID pandemic being felt by Pakistan and the rest of the world.
Over the course of his Lordship’s tenure, the harmful effects of this pandemic worsened leading ultimately to recommendations by the Federal Government to close offices and workplaces. The Courts in the country thus faced a difficult choice: either to close their doors to litigants in line with government advice (which would have added to delay in the dispensation of justice and an increased pendency of caseload) or to shoulder through the perilous time by continuing to perform their constitutional duty to the people of Pakistan.
Under Mr. Justice Gulzar Ahmed’s firm resolve, the Supreme Court kept its doors open throughout the COVID pandemic. Nevertheless, at the height of the pandemic, to ease the difficulties of the litigant public the Court relaxed the onset of bar of limitation by announcing the deemed closure of its Institution Branch from 28 March, 2020 until 31 May, 2020. During the pandemic eight Judges, including Mr. Justice Gulzar himself, contracted COVID but the decision to keep the Court open was maintained.
3. To everyones’ joy the decision had a silver lining. The Supreme Court hastened its efforts to make the Court digitally/virtually more accessible to advocates and litigants alike by doubling the capacity of its Video Link System. A total of 4143 cases have been taken up/heard via Video Link during his Lordship’s tenure. Requests by Advocates for video hearing in which one or both sides in a case address Judges at the Principal Seat from a Branch Registry have grown steadily after the acquisition of new software licenses. These have enhanced the video and audio reception of the Video Link proceedings resulting in smooth and uninterrupted hearings.
This technological advancement has effectively curbed the spread of COVID infection in the courtroom environment but more importantly it has saved time and expense by reducing the necessity of Advocates and litigants travelling to the Principal Seat to attend hearings. Your Lordship’s vision and efforts have promoted the means for providing expeditious and inexpensive justice to litigants which is one of the foremost goals of our judicial system. 4. A second challenge that confronted the Court when Mr. Justice Gulzar assumed the office of Chief Justice was the pending Constitution Petition filed by one of our brother Judges against Presidential Reference No.1 of 2019.
This matter was heard over 17 months by a larger Bench of 10 Judges and finally ended on 26th April, 2021. It was spread over approximately 60 dates of hearing. On these dates the regular cause-list of the Benches would have to be curtailed for the larger Bench to proceed. The obvious setback to the Court was the accumulation in its caseload. During this period, the backlog of around 42,000 cases in December, 2019 rose to around 50,000 cases in April, 2021.
Clearly, the remaining 6-7 Judges on the Court had a herculean task to perform. But by the grace of Almighty Allah the Court toiled hard, sometimes by working long hours for months and other times by disregarding health concerns to arrest the accretion in the backlog of cases. Unlike the common perception, almost every Judge worked during the vacations, whether in summer or winter, to hear and decide cases in accordance with law and Insha’Allah we will continue to do so to clear the backlog.
5. Notwithstanding the best efforts of your Lordship and the rest of us, the growing pendency of cases remains one of the main issues facing this Court. To overcome this challenge, we need the cooperation of the Bar in two ways: firstly, to save Court time there should be greater reliance on written briefs, concise statements and skeleton arguments by counsel that obviate the need for copious notes and for counsel to end the culture of seeking adjournments at the time of hearing.
Secondly, the Bar must lend its support for adding capacity to the Court for the elevation of Hon’ble Judges to the Supreme Court whose seniority, honesty, competency, judicial temperament are accompanied with the diversity of experience suited to the nature of work that needs disposal. It is in this respect that Mr. Justice Gulzar Ahmed has perhaps made his most significant contribution to the Court by nominating independent Judges on the foregoing criteria that is derived from judicial precedents. Last week he swore into office the first female Judge of this Court: Mrs. Justice Ayesha A. Malik.
The approval of Justice Malik’s nomination by the Judicial Commission of Pakistan after an informed discussion on the touchstone of different criteria of elevation. The credit for achieving this historic milestone certainly goes to the Judicial Commission and Parliamentary Committee but the resolve of Mr. Justice Gulzar to extend scrutiny on the same standards of selection to bring women on the Court deserves appreciation. 6. Of the many landmark judgments delivered by his Lordship during his tenure as Chief Justice of Pakistan, one that is constitutionally significant is Presidential Reference No.1 of 2020 framed under Article 186 of the Constitution.
The Reference asked whether the elections for the members of Senate of Pakistan held under the Elections Act, 2017 were governed by the condition of “secret ballot” imposed in Article 226 of the Constitution for elections held under the Constitution? His lordship (speaking for the majority) held that an election to the Senate is an election under the Constitution that must be held by secret ballot as provided in Article 226. However, he observed that by its obligation under Article 218(3) of the Constitution, the Election Commission of Pakistan was bound to utilise all available measures, including technology, to ensure that corrupt practices are guarded against in the conduct of elections.
This ruling has preserved the confidentiality of the Senate elections and placed them on a constitutional plane yet allowed the Election Commission to take measures to protect the integrity of the election process from corrupt practices. 7. In his ardent support for the constitutional scheme in the year 2021 a Bench headed by Mr. Justice Gulzar revived local governments in the Province of Punjab that had been dissolved prematurely. The exercise of executive powers and functions that have been devolved to local governments, these bodies are a lifeline for the marginalised segments of Pakistan who cannot otherwise participate in the mainstream political process.
Being conscious of the pivotal role local governments play in managing the affairs of Districts, Municipalities and Union Councils Mr. Justice Gulzar in Asad Ali Khan Vs. Province of Punjab declared section 3 (which dissolved local governments in Punjab) of the Punjab Local Government Act, 2019 to be ultra vires the Constitution, specifically its Articles 7, 17, 32 and 140A and restored local governments in the Province to complete their term in accordance with law. 8. Another hallmark of Mr. Justice Gulzar’s tenure as Chief Justice of Pakistan remained his deep concern for religious minorities.
He took immediate notice of the attack on the ‘Teri Mandir’ (Hindu Temple in Karak) and directed the KP Government to recover the money required for the rebuilding of the Mandir from the persons involved in its desecration. Even in the social context, Mr. Justice Gulzar has actively engaged with religious minorities and very recently, last month, he met with a delegation of international Hindu pilgrims who had come to visit ‘Teri Mandir.’ At a time when the world is witnessing increased religious intolerance, Mr. Justice Gulzar through his judicial orders and actions has sent a clear message to the State and society in Pakistan that minorities are equal citizens and their protection is the responsibility of both the State and the people.
9. Mr. Justice Gulzar during his tenure as Chief Justice of Pakistan has also remained strongly critical of conversion and appropriation of public lands for wrongful private use. Whilst exercising original jurisdiction in Human Rights Case No.13316-P 0f 2018 and Niamatullah Khan Advocate Vs. Federation of Pakistan he identified the plague of private and public entities converting public land to private ventures and ordered the retrieval and restoration of the same. These actions, although rooted in law, received a mixed reaction because the orders failed to identify and punish the actual perpetrators and the officials responsible for illegally authorising the conversion of public lands.
However, this does not detract from the noble cause that Mr. Justice Gulzar undertook to safeguard, namely, public property and public interest. His concern for the well-being of the people is also manifested by his prompt suo motu notice of the COVID pandemic in the country. As Chair, his Bench passed directives to the Federal and Provincial Governments, inter alia, to legislate on the policy adopted by the Governments for tackling the pandemic, to regulate inter-provincial movement of people and goods in accordance with the scheme provided by the Constitution, and to formulate a practical/feasible lockdown schedule to minimise the suffering of the people.
10. Moving forward, the Court must continue to exercise its jurisdiction and perform its duties under the Constitution and the law with greater vigour. As previously mentioned, the entire judicature faces the problem of backlog of cases for which extraordinary efforts by all the Courts are required. At all levels in the hierarchy of Courts, case management techniques need to be adopted for bringing efficiency in the performance of the institution as a whole. All Courts, including the Supreme Court, should undergo performance audits so that we can identify and remedy our weaknesses. One problem that is easily identifiable is the large number of frivolous disputes that clutter the Court system.
Their entry must be checked or else these should be put to the ADR mechanisms. There is great room for resolution of civil disputes through ADR. These methods in addition to hard work by Judges and counsel, shall Insha’Allah reduce the backlog of cases and give hope. Most of these tasks require expert input so the Court system will have to shed some of its insularity. In the criminal context, failed prosecutions are the result of faulty investigations and failure to collect valuable evidentiary material. Better training and improved coordination of investigation and prosecuting authorities will enable them to bring successful prosecutions to the Courts.
As these functions are integral to the justice system, the Courts must participate in promoting these measures. 11. When required, our original jurisdiction must remain available for promoting fair and expeditious dispute resolution. In this regard, it may be observed that Pakistan is a developing country. It suffers from a mushrooming population which in turn has left it vulnerable to social and economic pressures that are typically faced by similarly situated countries. These include poor health and education facilities, low productivity, unskilled labour, unemployment and therefore poverty.
To tackle the myriad problems facing Pakistan, all concerned stakeholders need to come together to address the core issue, namely, the alarming rate of population growth. In this respect, we had a conference in 2018. Other steps to be taken by the Federal and Provincial Governments to overcome the challenges facing Pakistan include creating state of the art vocational training institutes to impart skills-based learning to the youth, increasing revenue generation by expanding the tax base, and empowering statutory and public institutions to effectively perform their role under the Constitution and the law. These matters concern the essence of fundamental rights of the bulk of our population.
Therefore, the Court would be keen to engender initiatives in these areas whenever its backing is required. 12. I would like to once again acknowledge the tireless, compassionate and brave efforts of Mr. Justice Gulzar in carrying on the work of the Court during difficult times whilst maintaining harmony amongst its Hon’ble members. Indeed, all of us have deep respect and regard for each other. The differences in our opinions in matters of law arise from our individual perceptions. This diversity brings richness to our understanding.
That is how yesterday’s minority view may become tomorrow’s majority judgment. But we are surprised that some observers who discharge a noble duty as watchful media, particularly members of the social media, take it upon themselves to scandalise Judges rather than focusing on the criticism of their judgments. Such conduct is unprofessional and uncivilised quite apart from being unconstitutional. Please understand that something has to be done about it. We will have to ask the Bar to help before we act in the matter. Your Lordship, Mr. Justice Gulzar Ahmed, Hon’ble Chief Justice of Pakistan we sincerely thank you for your warmth and empathy for our well-being, particularly when some of us have fallen ill. We wish you a happy, healthy, and prosperous life after retirement.
An old chapter is closing today but a new journey is about to begin. May this new journey bring contentment, laughter, and triumph in your life. Ameen. 13. This day also brings new aspirations and expectations for all others in this room. Each of us is headed Insha’Allah to a beautiful destination in life. For yourself Chief Justice Gulzar Ahmed, for the members of this august gathering, for myself and for all the wonderful people of our great country there is a prayer eloquently expressed in Verse 80 of Surah Al-Israa of the Holy Quran: “Surah 17, Verse 80: And say [in thy prayer]: “O my Sustainer! Cause me to enter [upon whatever I may do] in a manner true and sincere, and cause me to leave [it] in a manner true and sincere, and grant me, out of Thy grace, sustaining strength!””
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