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Justice Mulk may revive moderate judicial activism
 
 
 
Justice Mulk may revive moderate judicial activism

ISLAMABAD  - Justice Nasirul Mulk, who will take oath of the chief justice of Pakistan office on the upcoming 6th July, will be the 22nd CJP of the country.
He is considered as textualist judge and least interested in the media lucrative remarks like former Chief Justice Iftikhar Muhammad Chaudhry. He is also different from the incumbent Chief Justice Tassaduq Hussain Jillani, who does not want intervention in the executive affairs.
Faisal Chaudhry, a senior lawyer, said the bar has high expectations from him and hoped that the judge would develop a comprehensive case management system to lessen the burden of cases in the apex court and also initiate moderate judicial activism which was reduced during the tenure of Justice Tassaduq Jillani.
He is the same judge that headed a seven-judges bench that had convicted former Prime Minister Yousaf Raza Gilani for not complying with the apex court order to write letter to the Swiss authorities for reopening the corruption cases against former President Asif Ali Zardari. Though the sentence was till the rising of the court, due to that judgement Gilani was disqualified as the member of National Assembly and had to leave the PM House.
Justice Nasirul Mulk, who granted bail to Pervez Musharraf in Nawab Akbar Bugti murder case, is heading a five-member bench that had suspended Sindh High Court’s order to remove former general’s name from the exit control list.
Justice Nasir would remain the chief justice of Pakistan for one year, one month and 12 days and will retire on 16th August next year.
The litigants and lawyers hold him in high esteemed due to his strict interpretation of constitution and law. Tasif Ali, a missing person, was traced on his orders.
It is expected that the cases disposal rate would increase during his tenure. He is not in habit of passing too many remarks or comments but listened to the arguments of both the parties’ counsels and decide the cases on merit in lesser time.
He is a dauntless judge who had never compromised on the supremacy of law and constitution and independence of judiciary. Justice Nasirul like his fellow judges of the Supreme Court had refused to take oath under Pervez Musharraf’s Provisional Constitutional Order (PCO) and was detained in his residence.
According to incumbent Chief Justice Tassadue Hussain Jillani, when Justice Iftikhar Muhammad Chaudhry was made dysfunctional as chief justice, he was the member of the bench that was hearing the petition filed by Justice Chaudhry challenging the reference filed by the then President of Pakistan General Musharraf. On 17th July, 2007 the deposed chief justice (Ifitkhar Muhammad Chaudhry) was to address a function at the Islamabad Bar Association and just a few minutes before his arrival there was a big bomb blast causing death of eight persons and injuries to many. The city was tense and so was the court. Justice Jillani said around midnight a senior member of the bench which was hearing the case walked to his suite in the Judges Enclave and asked him that since the situation was tense, would it not be advisable to adjourn the case for a few days till the things settle down. Justice Jillani’s reply to that judge was: “Absolutely not. Let them blast the court. We will announce the judgement on the street, on the Constitution Avenue.” According to Justice Jillani then they took the second opinion from another member of the bench i.e. Justice Nasirul Mulk, and his answer was also the same.
CJP APPOINTMENT NOTIFIED
The president of Pakistan has appointed Justice Nasirul Mulk, the most senior judge of the Supreme Court, as chief justice of Pakistan from July 06.
President Mamnoon Hussain will administer oath to Justice Mulk as new chief justice on July 6. A government’s notification issued here on Wednesday said, “The president of Islamic Republic of Pakistan has appointed Justice Nasirul Mulk, the most senior judge, Supreme Court of Pakistan, as chief justice of Pakistan w.e.f. 06.07.2014.”
The oath-taking ceremony will be held on Sunday at 11:00am here at the Presidency.

 
 
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