Khyber Pakhtunkhwa/ Pakistan

The Golden Era of Judicial Courage: An Evening with Justice (r) Dost Muhammad Khan

​By Saleem Shah Hoti  

Originally appeared in regional print 

​PESHAWAR — In the upper echelons of Pakistan’s legal history, few names evoke as much fierce respect for constitutional purism as Justice (r) Dost Muhammad Khan. Recently, a distinguished delegation of the legal fraternity—including myself (Saleem Shah Hoti), Waheed Ayaz, Arbab Rizwanullah, Mian Sibghatullah other advocates—had the distinct honor of calling upon the revered jurist at his residence in Islamabad.

​Now living a quiet, retired life, Justice Dost Muhammad Khan remains an intellectual powerhouse. Our meeting was not merely a courtesy call; it quickly transformed into a masterclass on constitutionalism, judicial ethics, and the delicate socio-political ecosystem of Pakistan. The visiting lawyers warmly eulogized his unparalleled services, universally characterizing his tenure as the Chief Justice of the Peshawar High Court (PHC) as nothing short of a "golden period" in the judicial history of Khyber 

​To understand the reverence Justice Dost Muhammad Khan commands, one must look back at the defining moments of his career—moments where he chose the rule of law over personal comfort or official pressure:

​The 2007 PCO Defiance: When a state of emergency was declared in November 2007, he famously refused to take an oath under the Provisional Constitutional Order (PCO). This principled defiance against dictatorial overreach prompted three provincial bar associations to pass historic resolutions in his honor. In doing so, he aligned himself with legendary judicial rebels like Chief Justice Iftikhar Muhammad Chaudhry and Justice Tassaduq Hussain Jillani, prioritizing constitutional continuity over arbitrary executive mandates.

​The 21st Amendment Dissent (2015): His name became permanently etched in constitutional lore during his tenure at the Supre

me Court when he authored a seminal dissenting note against the 21st Constitutional Amendment, which sought to allow the trial of civilians by military courts. He stood alongside an elite minority of jurists—including Justice Jawwad S. Khawaja and Justice Qazi Faez Isa—who fiercely argued that military tribunals for civilians struck at the very core of fundamental human rights, due process, and the independence of the judiciary.

​Champion of the Missing Persons: While heading the Peshawar High Court, he took up the mantle of human rights with unprecedented administrative vigor. Under his strict, unyielding directives, a staggering 2,500 missing persons were traced, with 900 of them subsequently shifted to recognized internment centers to face lawful trial. This zealous defense of civil liberties mirrors the classic judicial activism of British jurist Lord Denning, who famously prioritized individual liberty against executive overreach.

​The 10,000-Case Milestone: Alongside Justice Asif Saeed Khosa, one of Pakistan's greatest criminal law minds, he sat on a relentless special apex court bench that decided and cleared more than 10,000 criminal petitions, providing swift relief and clean acquittals to numerous wrongfully convicted death-row prisoners. Legal historians compare this dynamic duo to the historic American Supreme Court partnerships, such as Justices Scalia and Garner, where mutual mastery over procedural law transformed the speed of national justice.

​Rejecting the Pomp of Power: True to his non-traditional, austere nature, upon his retirement, he famously declined a full-court reference and the traditional farewell dinner—choosing to exit public service with the same quiet dignity with which he served.

​Judicial Philosophy: Conscience Over Courtrooms

​During our discussion, the former Supreme Court judge was deeply reflective. He reminded us that the judiciary is not merely a government organ, but a sacred trust.

​"God has bestowed great trust and responsibility on both the bar and the bench. We must play a pivotal role in the progression of this country," he noted. "Judges are ultimately accountable to their own conscience and to Allah. Therefore, it is incumbent upon them to make right and judicious decisions based solely on the fear of God and the welfare of the country."

​This profound philosophy invokes the spirit of Sir Edward Coke, the 17th-century English jurist who famously told King James I that even the monarch is subject to "God and the law."

​Furthermore, Justice Khan expanded extensively on his belief that political instability is the ultimate catalyst for martial law. He noted with grave concern the modern tendency of political entities to drag purely political matters into the courtroom. Justice Khan emphasized that political parties must develop the maturity to resolve their disputes through democratic, political dialogue instead of continually abdicating their responsibilities to the judiciary. This echo of Justice Felix Frankfurter's famous warning regarding the "political thicket" reminds us that when courts resolve purely political disputes, they compromise their own institutional armor.

​As the evening drew to a close, Justice Dost Muhammad Khan directed his focus toward the younger generation of lawyers in attendance. His advice was both a roadmap and a warning for the future of the legal profession, structured around three core pillars:

​Commitment to the Craft: He emphasized that there is absolutely no alternative to hard work, urging junior lawyers to continuously enhance their intellectual capabilities on a daily basis—a standard that deeply parallels the philosophy of the great jurist Justice Joseph Story, who famously remarked that the law is a jealous mistress requiring a long and constant courtship.

​Professional Mastery: He noted that young attorneys must focus heavily on mastering the intricacies and nuances of criminal, civil, and constitutional law to truly empower their careers, echoing the foundational legal principles laid down by Sir William Blackstone regarding the necessity of comprehensive systemic knowledge.

​Uncompromising Integrity: He firmly stated that the legal fraternity must never compromise on honesty and credibility, as a lawyer's reputation is the bedrock upon which public trust in the administration of justice is built—a timeless view that strongly aligns with Abraham Lincoln’s historic advice that a practitioner must resolve to be honest at all events.

​Leaving his residence, our delegation shared a collective realization: though Justice Dost Muhammad Khan has retired from the bench, his judgments, his defiance of autocracy, and his unwavering dedication to human rights remain an immortal textbook for the legal fraternity of Pakistan.