LAHORE: Known orthopedic surgeon Prof Dr Amir Aziz has approached the Supreme Court for review of a decision in a suo motu proceeding, accusing the former chief justice Mian Saqib Nisar of forging a ‘forced compromise’, in the ex-CJP’s chamber, between him (Dr Aziz) and head of the Punjab Human Organ Transplant Authority (PHOTA) Prof Dr Faisal Masood.

In a review petition filed through his counsel Nasir Qureshi, the surgeon also questioned the legitimacy of the suo motu notice taken by the then chief justice on a matter already sub judice before the Lahore High Court.

Dr Aziz had challenged the appointment of Dr Masood as PHOTA director general through a pro bono petition before the LHC. Dr Masood engaged Mian Nisar & Co Law Chamber and Barrister Bilal Ahmad, nephew of ex-CJP Nisar, to defend his case in the high court.

Alleges coercion in ‘compromise’ with Dr Faisal Masood

On an application submitted to the human rights cell of the SC by the PHOTA DG, then chief justice Nisar took suo motu notice and summoned Dr Amir Aziz on Dec 27, 2018, at the Lahore registry.

During the open court proceedings, former chief justice Nisar reprimanded Dr Aziz for challenging the appointment of Dr Masood as he observed that it was the Supreme Court that allowed the latter to continue with the post. Justice Umar Ata Bandial and Justice Ijazul Ahsan were other members of a three-member bench headed by the former chief justice.

The ex-chief justice had even warned Dr Aziz of sending him to jail. “I am ready to go to jail,” Dr Aziz had replied. After a while, Advocate Nasir Qureshi appeared on behalf of Dr Aziz and told the bench that there was no such written order of the court regarding appointment of Dr Masood as DG PHOTA.

The counsel had also objected to the presence of the ex-chief justice on the bench, saying his nephew was the counsel for Dr Masood. At this, former chief justice Nisar agreed to recuse himself, saying the other two judges would decide the matter after a short break.

However, Dr Aziz states in his review petition that he was alone summoned by the ex-chief justice in his chamber and forced to withdraw the petition against Dr Masood. He claims that he was threatened with registration of an FIR on behalf of a party that he moved a defamation suit.

“I had no choice but to reconcile and then Faisal Masood and the other two judges were called in and we were told to shake hands and I was directed to withdraw the case against Faisal Masood and forgive the others who had even threatened to kill me and my family. I was not heard at all,” says Dr Aziz and asks the apex court to review the order of Dec 27, 2018 and set aside the same for being unlawful.

Published in Dawn, March 14th, 2019