PESHAWAR: Peshawar High Court Chief Justice Dost Mohammad Khan said on Wednesday that the judiciary had turned into a powerful state institution and now no dictator could gather the courage to stage a coup against the democratic dispensation. He said that if any dictator ever tried to derail democracy in future he would be charged with high treason under Article 6 of the Constitution, while all those abetting him irrespective if it was judiciary, legislature or executive would also face trial under the same article.
The chief justice made these remarks while addressing a reception hosted by the Khyber Pakhtunkhwa Bar Council in his as well as in honour of senior puisne judge Justice Mian Fasihul Mulk. The Judicial Commission has recently recommended elevation of PHC Chief Justice Dost Mohammad Khan to the Supreme Court and appointment of Justice Mian Fasihul Mulk as the high court’s chief justice.
Justice Dost Mohammad stated that some powerful quarters were happy over his recommended elevation. He said that the institution of judiciary had become powerful now and with his elevation the situation would remain the same as the high court would continue to decide cases without any fear or favour.
He proudly claimed that during his tenure as chief justice two women judges had been appointed as judges to the high court. He added that during his stint as chief justice he had to face several challenges, but due to the support of his colleagues, staff and bar members he managed to overcome those challenges.
“Due to growing population and increasing trust in the judiciary the institution of new cases has increased almost 200 per cent,” the chief justice said, adding that still around 100 vacancies of judges were lying vacant in the subordinate judiciary. Justice Dost Mohammad added that due to the delaying tactics of bureaucracy the posts could not be filled. He said that due to the same reason the court had given judgment declaring that instead of Public Service Commission the high court would conduct examination of judges. The chief justice said that against the said judgment the provincial government filed a leave to appeal petition before Karachi Registry of the Supreme Court instead of Peshawar so as to delay the matter.
Justice Dost Mohammad stated that the government had not been spending enough funds on the development of legal profession. He added that lawyers had been playing vital role in the justice system, but proper attention had not been paid to solution of their problems.
On this occasion, Justice Mian Fasihul Mulk highlighted the importance of relations between the bench and bar and stated that both shared the same goal of attaining rule of law. He said that though he would become chief justice for a short period, he would strive for upholding the independence of judiciary.
The bar council vice-chairman, Syed Amjid Shah, and chairman of the executive committee, Arshid Awan, also spoke on the occasion.
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