Use of WhatsApp by judges not illegal

LAHORE – The Supreme Court is empowered to seek nomination of any particular officer(s) of any government institution to have a case properly investigated, says a former chief justice of Pakistan.

Similarly, Justice Sheikh Riaz Ahmed says, WhatsApp is only a modern means of communication and no illegality has been committed by any judge of the apex court if he used the same to convey any message to any relevant officer or institution.

In an interview to The Nation yesterday, the former CJP said the language PML-N leader Nehal Hashmi had used against the apex court judges or the JIT members had no parallel in the country’s history. As for the judges’ reaction to Nehal Hashmi’s utterances, he said what the judges said was only a “natural reaction”.

The apex court is being criticised by various people since the publication of a news item that the SC registrar had, through WhatsApp, approached the heads of the Security and Exchange Commission of Pakistan and the State Bank of Pakistan to have nominated to the Joint Investigation Team two officials about whom the prime minister’s son Hussain Nawaz had expressed reservations.

The Supreme Court had dismissed the petition against the two officials, declaring in categorical terms that the composition of the JIT would not be changed.

After the emergence of the WhatsApp use story panelists in various TV talk shows gave the impression as if the Supreme Court had some personal axe to grind in getting two SECP and SBP officials nominated to the JIT.

“Technology has made unbelievable advancement. Just imagine for a while the situation when telephone was introduced for the first time in the subcontinent. WhatsApp is only a means of communication like telephone,” said Justice Sheikh Riaz Ahmed.

He recalled that the three-judge bench which is dealing with the Panama Papers case had called for names of all SBP/SECP officers in grades 18 and above so that they could choose the most competent and experienced persons for investigation of the Panama Papers case.

He said the Registrar had acted on behalf of the court, not in his personal capacity.

No illegality has been committed in the use of WhatsApp or in asking the SBP/SECP to nominate two particular officers for the JIT, argued the former CJP.

As for the criticism of the SC judges on this ground, he said although everybody had the right to have any opinion, “facts should not be ignored”.

Asked if the SC judges would be able to serve justice after Nehal Hashmi’s episode, Justice Sheikh Riaz Ahmed said: “Judges are not vindictive. It would be wrong to assume that judges have turned against anyone after this unfortunate incident. Judges are God-fearing; accountable to Allah.”

Justice Sheikh Riaz Ahmed said the very fact that three judges did not stand by remaining two members of the bench in the April 20 judgment and ruled that more investigation was needed amply proved that judges harboured no revenge against anyone. Judges, he emphasised, take decisions in the light of the Constitution, law and facts.

Questioned if the SC judges would be bound to give a judgment strictly in line with the JIT report, the former CJP said the JIT is not a court and it was for the three-member bench to come up with a verdict in consonance with the Constitution and facts.

About the methodology for investigating the prime minister, Justice Riaz said it was for the JIT to decide. “They can summon the prime minister or go to him.”

Responding to a question as to how Nehal Hashmi should be proceeded against, the former CJP said it would be enough if he apologised to the SC and the JIT from the core of the heart.

He said he watched a TV show in which someone said that Nehal Hashmi had attacked with a knife a student who was contesting election of the student union against him.

Nehal, he said, always appeared as a reasonable person but, unfortunately, was carried away by some unknown factor.

Nehal has already resigned as a Senator under instructions from the PML-N leadership. His party membership has also been suspended and he is due to appear before the apex court on Monday (today).

Source: The Nation