MUZAFFARABAD: Chief Justice of Azad Jammu and Kashmir (AJK) Chaudhry Mohammad Ibrahim Zia has said suo motu powers should be exercised within the constitutional limits and violation of the limits amounts to violation of the Constitution and the law.

“Basically, courts are supposed to swing into action where the Constitution, law and jurisdiction is infringed upon. It’s their duty to restore, rebuild and maintain those limits…While using suo motu powers, they cannot violate constitutional limits and if they do it also amounts to violation of Constitution and law [on their part],” he said.

“This is the same kind of high treason that you [courts] blame others for,” he added.

Mr Zia expressed these views in response to a question on suo motu powers of courts during an informal interaction with journalists at Central Press Club Muzaffarabad.

Pertinently, the AJK superior courts do not have suo motu powers.

Courts are supposed to swing into action where Constitution, law and jurisdiction is infringed upon, Justice Mohammad Ibrahim Zia says

“In my personal view, this had been the irony in Pakistan and AJK that we have not learnt to work within our constitutional limits,” CJ Zia said, adding: “if all institutions commit themselves to working within their constitutional limits, 80pc of problems will be sorted out smoothly.”

While the courts have to determine the jurisdiction of other institutions, they have to stick to their own jurisdiction as well, he said.

“There should not be any impression that the courts are trespassing into the domain of the executive. A judge is carrying out the job of a deputy commissioner or that of an investigator. This is against the spirit of Constitution and courts,” he said.

To another question, he said there did not exist anything by the name of ‘judicial activism’ in the Constitution.

“You are yourself witnessing the fruits of whatever is happening in the name of judicial activism [in the country]. I don’t think it’s bearing any positive results.”

He said the courts should point out wrongs, if any, give guidelines and directions to the institutions concerned for rectification.

“The courts should not try to take over the job of other institutions, which in itself is a violation of law and its basic spirit… One has to be very careful about it.

“A head constable is very small tool of official machinery as compared to the chief justice. But I being a chief justice cannot intervene in the job of a head constable. If I do, I will be committing violation of law.”

About the diversion of Neelum River for Neelum-Jhelum hydropower project and public outcry over it, the AJK CJ said policymakers in Pakistan should realise that it’s not a trivial issue.

“India is exploiting this situation as denial of fundamental rights to AJK people [by Pakistan] and trying to equate it with its killing spree in the held Kashmir which is a very painful thing,” he said.

“While I strongly condemn Indian propaganda, I also ask the authorities concerned to complete mitigation measures on a war footing so as to send a message to the whole world that for Pakistan the rights of Kashmiri people take priority over anything else.”

Published in Dawn, January 5th, 2019