Authors: TheIndianSubcontinent News Agency CJP pays rich tribute to Justice Ejaz Khan on his retirementISLAMABAD: Paying rich tribute to the retiring judge of the Supreme Court of Pakistan Mr.
Justice Ejaz Afzal Khan, the Chief Justice of Pakistan Justice Saqib Nisar has said, as a Judge of the Superior Courts, Justice Ejaz even in the most trying times has made it his priority to deliver Justice.Addressing a full court reference to honour the outgoing judge, the Chief justice said, many who know Justice Ejaz, are aware of the wealth of knowledge he has, not only in law, but in philosophy, theology, Islam, history, both English and Urdu literature, etc.His legal expertise is not limited to any one area of law but ranges from constitutional law to civil service law, contract law, corporate commercial law, land law, and so on; he has delivered some land mark judgments that will remain as guidelines for years to come.One of the things which I most admire about Justice Ejaz is his passion for reading and his quest to educate himself further.
Justice Ejaz Afzal has delivered some remarkable judgments which will be remembered for years to come."My brother Judge, though he is blessed with a multitude of fine qualities, has never displayed arrogance or pride.
Whenever I have sat on a bench with him I have been impressed with his quiet humility, his calm demeanour and his unfailing courtesy towards all who appear in his court."He has a very firm sense of his duty to his country.
In this world, there are very few who have the courage to stand for what they believe is right, and even fewer can do so in the face of fierce opposition with the grace and resolve that Justice Ejaz Afzal Khan has displayed on so many occasions.It is a cardinal principal of statutory interpretation that while interpreting any provision of law the judicial approach should be dynamic rather than static, pragmatic and not pedantic and elastic rather than rigid.
Justice Ejaz remained a true proponent of the said principal which is evident from the judgments he delivered.One such instance is the judgment in the case of employees of National Command Authority[3], wherein while considering the question whether the Rules framed under Section 15 of the National Command Authority Act, 2010 are statutory or otherwise, he, using, the dynamic approach, observed that The Rules framed under Sections 7, 9 and 15 of the Act are of that genus or genera as they are not only broader in their area of efficacy but are also complementary to the parent statute in the matters of crucial importance.Yes, these Rules have not been framed with the intervention and approval of the Federal Government, but that would not prevent them from being statutory.
It was thus held that the Rules so enacted and approved by the Authority with such personages on the board do not require another approval of yet another personage.Born on the 8th of May, 1953 in Mansehra, Justice Ejaz Afzal received his basic education in Mansehra and after completing his FA from the Government College, Mansehra, he graduated from Abbottabad and thereafter he graduated in Law in 1977 from the Khyber Law College.
Immediately after, he joined the legal profession.His elevation to the Bench as Additional Judge in September, 2000 was an acknowledgment of his professional capabilities and after having served as a Judge of the Peshawar High Court for 9 years, he was appointed as Chief Justice on 20th of October, 2009 and on 17th November, 2011 appointed as a Judge of the Supreme Court of Pakistan.