The End of a Questionable Era

Former Chief Justice of Supreme Court of Pakistan, Mian

Saqib Nisar, aged 65, chiefly known for his judicial
activism and interest in legal education has passed away.
A controversial judicial career deemed populist by both
critics and detractors alike came to an end at a reputable
cardiac hospital which coincidentally had also been the
target of a judicial reprimand for alleged corruption. The
late CJP was rushed into emergency late 11 th Oct 2019
after he complained of chest constriction. He was
pronounced dead shortly after efforts to resuscitate him
failed.
Mian Saqib Nisar leaves a unique legacy that saw a
tenure which was initially pro-executive and pro-
parliamentary eventually overshadowed by judicial
restraint. Many within the judiciary argue today that this
style that he developed during the last stage of his career
was a radical departure from the judicial restraint he had
exercised earlier, not least during the imposition of the
emergency under President Musharraf.
Nisar, born 18th January 1954, died 11th October, 2019
served as the 25th Chief Justice of Pakistan from 31
December 2016 to 17 January 2019. Earlier he had
served as the Federal Law Secretary and was also
a visiting professor at Punjab University where he taught
constitutional law. He assumed the duties as the Chief
Justice of the Supreme Court on 18th February 2010. A
testament of his judicial authority crossing over into
other realms of authority was the championing of public
funds collection for the construction of the Diamer-
Mohmand-Bhasha dams. Considered a campaign that
created awareness about the acute water shortage at
best and an overstretch of his ambitions at worst, the
project itself seems to have been put on the back burner.
Nisar had cultivated a high profile, whether it was drastic
reform of public institutions or holding political leaders
to account. All these measures received mixed reviews
and strong criticism from the masses, intelligentsia, and
across the political spectrum.
He ordered inquiries into critical issues ranging from
deflection of payments to farmers by powerful sugar mill
owners, city water supplies, encroachment on
government property, corruption allegations against
managements of railways and the national airline. His
activism did more to create media hype but little to
deliver justice to the common man on the 40,000 cases
at the Supreme Court and 1.9 million combined cases
pending at all levels of the judicial hierarchy.
Osama Siddique, an Associate Fellow at the Institute for
Development and Economic Alternatives in Lahore,
stated about the deceased former CJ that “Justice Saqib
Nisar’s entire emphasis was on other institutions and
how they should improve their governance but he did
not do anything to improve the governance and internal
administration of the judiciary”.
Like Chief Justice Iftikhar Chaudry, Nisar has been
vehemently criticized in the country’s media for
overstepping his constitutional remit. Nisar’s
assertiveness as Chief Justice has also been interpreted
as serving the interests of the country’s most cherished
institution i.e., the military at whose behest, he allegedly
subjugated politicians to tow the official line and
narrative.
Despite a controversial judicial career Nisar became
Herald newspaper’s Person of The Year 2018 by meting
out effective and speedy justice in cases like the murder
and rape of Zainab Ansari, Asiya Bibi’s acquittal in a
blasphemy case, the cold-blooded murder of Naqibullah
plus many other neglected areas of concern which
required expedient decision making. As a judge ‘’who
judged too much’’ or ‘’who judged what matters most’’,
Nisar deserves a place as someone who reignited the role
of the judiciary in serving national interest.
He was laid to rest in his ancestral graveyard in Lahore
where his funeral was attended by people from all walks
of life. He leaves behind a wife and two daughters and a
son. In spite of all the opposition he faced from
politicians, businessmen and his own judicial fraternity
he will be remembered as a legendary judge of the
Pakistan Supreme Court in terms of speedy justice and at
times over ambitious plans.