The Judicial Commission of Pakistan in its meeting on Jan 6 recommended the elevation of Peshawar High Court Chief Justice Dost Mohammad Khan as a judge of the Supreme Court. The commission also recommended the appointment of the senior puisne judge Justice Mian Fasihul Mulk as the high court’s next chief justice.

Under the Constitution the parliamentary committee has to confirm the nomination within 14 days failing which the nomination shall be deemed to have been confirmed.

The committee would then refer the nomination to the prime minister for subsequent forwarding it to the President of Pakistan for issuance of the required notification.

Hailing from Bannu district of Khyber Pakhtunkhwa, Justice Dost Mohammad Khan, had taken oath as chief justice of the high court on Nov 17, 2011. He was elevated to the bench first as additional judge on Sept 10, 2002, and subsequently confirmed as a judge of the high court on Sept 10, 2003. Prior to his elevation as a judge he was an active member of the bar and had also remained president of the PHC Bar Association, Dera Ismail Khan Bench.

He assumed fame in 2007 when he declined to take oath under the Provisional Constitution Order (PCO) when General Pervez Musharraf had imposed emergency on Nov 3, 2007, and several judges were placed under house arrest.

His over two-year tenure as chief justice proved to be eventful as he took several innovative steps. Several projects, which were his brainchild, were launched during this period.

Apart from several other steps the setting up of the Khyber Pakhtunkhwa Judicial Academy is viewed as an important project in the judicial history of the country in general and that of the province in particular.

The academy has now been imparting training to officials attached to the justice system including judges, police officers, prosecutors, probation officers, etc.

Under the aegis of the same academy an FM radio by the name of “Meezan” was launched which has now been playing its role in creating awareness of legal issues among listeners.

Another milestone achieved by the PHC was the rolling out of the first mobile court in the country. The mobile courts project drew international and national attention.

A custom-built bus emblazoned with the words “Mobile Court” was launched in July 2013 and it visited several neighborhoods of the provincial capital and heard cases on the spot.

The important aspect of the mobile courts is that concerned judge and lawyers have been

focusing on alternative dispute resolution (ADR) and some of the cases where rivalries dated back to several years were settled through mediation.

The setting up of the human rights directorate at the high court drew appreciation of public as in last two years around 9,970 applications were received of which 6,924 were disposed of. The positive point with this directorate is that an applicant does not require assistance of a counsel to appear along with him.

While Justice Dost Mohammad Khan is expected to be elevated to the apex court in next couple of days, the project of E-citizen grievance redressal is in the pipeline and would be launched in soon.

Following start of this project a citizen could approach the human rights directorate through e-mail and would be subsequently informed about his or her application through e-mail or SMS.

Similarly, automation of judicial system is also in progress and after its completion a litigant would receive information about his pending case through e-mail or SMS.

Most important of all Justice Dost Mohammad would be remembered in the high court for the interest he had taken in the cases of “enforced disappearances”.

It was because of the interest taken by him in these cases that relatives of “missing persons” were encouraged to come to the court and challenge the disappearance of their relatives. Scores of them had filed simple applications in the human rights directorate and their cases wee taken up for hearing.

It was because of the pressure exerted by the high court that the authorities, including army and intelligence agencies, made public lists of around 900 persons interned in notified internment centres in 2012.

Subsequently, by end 2013 the authorities submitted to the court lists of around 700 other interned persons.

Justice Dost Mohammad, in his over two years stint as PHC chief justice, had take suo motu notices of several issues pertaining to human rights, wildlife, education, environment, health, etc. Furthermore, several projects of construction of judicial complexes were launched in different tehsils and districts in the province.

Justice Mian Fasihul Mulk’s retirement is due on April 8, 2014 following which Justice Mazhar Alam Miankhel is the next senior puisne judge and expected to be the next chief justice after him.

It would be seen whether the next chief justices would continue with the innovative projects launched by the outgoing chief justice.