Justice Khosa U-Turn on Rule of Law?

Justice Asif Saeed KhosaOnly a few months ago, Supreme Court of Pakistan maintained the conviction of Salmaan Taseer’s killer Mumtaz Qadri and even re-included terrorism charges so that there can be no doubt of his crimes. Heading the bench, Justice Asif Saeed Khosa gave a strong statement about the importance of respecting rule of law especially on sensitive matters.

“Will it not instil fear in the society if everybody starts taking the law in their own hands and dealing with sensitive matters such as blasphemy on their own rather than going to the courts,” Justice Asif Saeed Khosa had later asked.

Quoting instances such as the lynching of a Christian couple in Kot Radha Kishan, Justice Khosa had asked whether an individual has the right to act on his own in such matters without even first ascertaining the facts.

Justice Khosa was praised at the time for his bravery in making this statement, but now there are questions about whether Justice Khosa’s courage has reached it limits as the justice appears to have made a massive U-turn on the importance of rule of law.

According to media reports,  a Supreme Court bench has denied bail to the publisher of 102-year-old Ahmadiyya publication Al-Fazl despite that he has been rotting in prison for three years on blasphemy and terrorism charges even though the police had yet to submit the case’s challan in trial court. Here is what Justice Khosa reportedly said this time.

Justice Khosa observed that unfortunately when matters pertaining to religion were under consideration one had to ignore the law.

In one case, Justice Khosa bravely states the importance of rule of law. Few weeks later, a complete U-turn and he justifies ignoring the law if matters of religion are under consideration. Isn’t this the same justification used by TTP terrorists?

This is a dangerous precedent if a respected Justice of Supreme Court of Pakistan has declared that law may be ignored if matters of religion are involved. There must be an investigation and explanation provided by the Court. President Mamnoon Hussain should take notice of these reports and if necessary refer Justice Khosa to Supreme Judicial Council for review. Otherwise, a Justice of Supreme Court may have declared any illegal acts can be justified if matters of religion is involved.

Author: Mahmood Adeel

Latest articles

Perils of Promoting Cultural Nostalgia

When we look the world over, it appears that countries are demonstrating, in the words of author and public intellectual (and nuclear physicist) Pervez...

Pakistan Must Do More to Comply with FATF

Every February, June, and October, when the next FATF meeting is to take place, the government of Pakistan tries its best to simply do...

Pakistan Needs to Stay Focused on Covid19

Global public health experts and virologists agree that Covid9 is still here and the best way to tackle this pandemic is a combination of...

Acknowledging truth belatedly continues to erode Pak credibility

Credibility is gained by acknowledging the truth immediately, it is eroded by denying it for years and then appearing to acknowledge the reality. The...

Related articles

Leave a reply

Please enter your comment!
Please enter your name here

Author: Mahmood Adeel