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Published 05 Mar, 2013 12:12am

PHC CJ calls for competent, courageous caretaker setup

PESHAWAR, March 4: Apprehending a grave situation in the offing, the Peshawar High Court Chief Justice Dost Mohammad Khan on Monday called upon the outgoing government to set up a courageous and competent caretaker government capable of meeting the challenges and conducting fair elections.

Without elaborating the nature of challenges the chief justice stated: “I want to convey to the outgoing rulers that the country will be confronted with grave challenges in near future, therefore, they should set aside their political considerations and set up such a caretaker government which should be brave, courageous and capable of not only conducting impartial polls rather also (be able) to face those challenges.”

Addressing the oath-taking ceremony of Peshawar District Bar Association here at the Judicial Complex, the chief justice stated that to foil the conspiracies hatched by internal and external elements against Pakistan they had to act as one nation to maintain rule of law and to remove the sense of deprivation among the masses.

He stated that conducting transparent and fair elections was the constitutional obligation of the Election Commission of Pakistan and if it failed in fulfilling its responsibility, it would be considered a revolt against the constitution.

Chief Justice Dost Mohammad Khan stated that in the larger national interest the superior judiciary headed by Chief Justice of Pakistan Iftikhar Mohammad Chaudhry had accepted a request made by the chief election commissioner to depute judicial officers to serve as district returning officers for the forthcoming elections.

“I tried my level best to select such judicial officers for that task in this province which I believe, and are known as, making decisions without any fear or favour and have the capability of conducting impartial polls,” the chief justice said.

He asked those judicial officers to conduct polls in such a fair manner that these should be remembered as exemplary in the history of the country and for that purpose even if they had to sacrifice their lives they should not hesitate in doing so. As these judicial officers were under the supervision of the high court, he stated, therefore it was also the responsibility of superior courts to ensure transparent elections.

The chief justice regretted that the judiciary was an important pillar of the state and presently it had been shouldering the entire burden whereas other pillars had not been performing their responsibilities. He questioned for how long the judiciary had to carry this burden alone and said that time had come that other pillars should also respond and realise their constitutional duties.Justice Dost Mohammad stated that several state institutions had not been performing their duties either because of lack of competency or intentionally due to which judiciary had to look into those matters apart from carrying out day-to-day litigation.

He stated that the elements that were habitual of violating the constitution were conveyed in categorical terms to abide by the constitution as now only rule of law would prevail in the country.

Responding to the demands made by the president of the association, Shamsul Haq earlier in his speech, the chief justice said that a PC-I to the tune of Rs112 million had been prepared to provide all the basic facilities in the Judicial Complex. He added that a dispensary would also be set up there within the next two weeks.

The chief justice stated that a huge project of installation of digital library was in progress and after its completion the judicial officers and members of the bar would have access to all the laws and judgments of superior courts of Pakistan as well as other countries. He hoped that in future the judicial academy would turn into a centre of excellence.

Earlier, the gathering unanimously passed a resolution paying tributes to Chief Justice Dost Mohammad Khan terming him a brave judge who had taken suo motu notices of several important issues including that of missing persons, dumping of bodies, sectarian and targeted killings etc.

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