The
Supreme Court through its verdict in the Sindh High Court Bar
Association case has laid to rest the doctrine of necessity, said Chief
Justice of Pakistan Iftikhar Muhammad Chaudhry on Tuesday. Addressing a
Full Court Reference held on the eve of retirement of Justice Raja
Fayyaz Ahmed of the Supreme Court, the Chief Justice said that the
verdict also foreclosed the possibility of extra-constitutional regimes
in future.“This landmark judgment is a lesson in constitutional history
as it has built
a new constitutional nexus between Articles 238 and 239 and Article 6
read with Article 237 of the Constitution, for the protection and
preservation of the 1973 Constitution of Pakistan,” he added.
The Chief
Justice said that Justice Raja Fayyaz Ahmed was also a member of the
seven-member bench that issued the restraining order of 3rd November
2007,restraining the judges of superior courts from taking any oath
under the extra-constitutional dispensation, as a mark of loyalty to
the Constitution.
“This historic and watershed verdict of the Supreme Court changed the constitutional and political outlook of the country as it established a precedent wherein no constitutional deviation was to be endorsed by the judiciary under any circumstances,” he added.
He said the Supreme Court while rendering these judgments in these famous cases observed that it was the sacred function of the Supreme Court to protect and uphold the Constitution.
“The Court further observed that the Constitution of Pakistan mandates that there shall be democratic governance in the country, wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed,” he added.
The CJP said, “Democracy is an essential trait of an egalitarian society and democracy prevails where constitutional norms are strictly adhered to by all the institutions and functionaries of the state.”
The judiciary was the protector and guardian of the Constitution, he said,adding, “During the period of constitutional deviation, it was the judiciary that stood resolute for the restoration of democracy and rule of law and it emerged successful with the cooperation of the bar, legal fraternity and civil society.”
He said in a democratic state, judiciary was well known for its independence and to meet the ends of justice, it had to take decisions even against the government.
This independence of judicial system in a democratic state was possible only when the judges perform their duties fairly, impartially and fearlessly, he added.
Referring to the principle of trichotomy of powers, he said every organ of the state exercized powers within its jurisdictional domain.
“Every organ of the state enjoys its separate existence and independence subject to the constitutional limits and constraints. Excessive and unauthorized exercise of power beyond the allotted sphere by any organ brings chaos and anarchy in the society,” he added.
He said judiciary today was striving at its best to bring peace and tranquility in the society by redressing the grievances of the public timely and within the constitutional domain.
He said the superior judiciary was the ultimate protector of the rights of the citizens and heavy duty was cast upon the judges of the superior courts in particular to interpret the law in accordance with the settled norms of justice in order to cater for the needs of time.
“Fair dispensation of justice is the work of judges of integrity and prudence. Judges today cannot live in ‘ivory towers’, they have to apprise themselves of the apathies of the litigant public, to examine the facts carefully, to acquaint themselves with the developments in the contemporary legal systems and social set-up and then to decide cases by pointing out loopholes and lacunae in the law,” he advised judges.
“This historic and watershed verdict of the Supreme Court changed the constitutional and political outlook of the country as it established a precedent wherein no constitutional deviation was to be endorsed by the judiciary under any circumstances,” he added.
He said the Supreme Court while rendering these judgments in these famous cases observed that it was the sacred function of the Supreme Court to protect and uphold the Constitution.
“The Court further observed that the Constitution of Pakistan mandates that there shall be democratic governance in the country, wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed,” he added.
The CJP said, “Democracy is an essential trait of an egalitarian society and democracy prevails where constitutional norms are strictly adhered to by all the institutions and functionaries of the state.”
The judiciary was the protector and guardian of the Constitution, he said,adding, “During the period of constitutional deviation, it was the judiciary that stood resolute for the restoration of democracy and rule of law and it emerged successful with the cooperation of the bar, legal fraternity and civil society.”
He said in a democratic state, judiciary was well known for its independence and to meet the ends of justice, it had to take decisions even against the government.
This independence of judicial system in a democratic state was possible only when the judges perform their duties fairly, impartially and fearlessly, he added.
Referring to the principle of trichotomy of powers, he said every organ of the state exercized powers within its jurisdictional domain.
“Every organ of the state enjoys its separate existence and independence subject to the constitutional limits and constraints. Excessive and unauthorized exercise of power beyond the allotted sphere by any organ brings chaos and anarchy in the society,” he added.
He said judiciary today was striving at its best to bring peace and tranquility in the society by redressing the grievances of the public timely and within the constitutional domain.
He said the superior judiciary was the ultimate protector of the rights of the citizens and heavy duty was cast upon the judges of the superior courts in particular to interpret the law in accordance with the settled norms of justice in order to cater for the needs of time.
“Fair dispensation of justice is the work of judges of integrity and prudence. Judges today cannot live in ‘ivory towers’, they have to apprise themselves of the apathies of the litigant public, to examine the facts carefully, to acquaint themselves with the developments in the contemporary legal systems and social set-up and then to decide cases by pointing out loopholes and lacunae in the law,” he advised judges.
The Chief Justice said that the legislature and the executive have to work hand in hand with the judiciary for achieving the objectives of fair dispensation of justice and establishment of rule of law.
The judiciary was also a unifying and integrating force in the country, he said, adding, “the Constitution of Pakistan 1973 accorded a crucial position to it”.
He said as an important pillar of any democracy governed by the rule of law, the judiciary stood at a higher pedestal to be the arbiter in resolving inter-governmental disputes as well as disputes among citizens or between citizens and the government.
“However, law reins supreme over all the organs i.e. judiciary, legislature and the executive. None is above the law; each and every organ is accountable for its actions,” he stressed.
Lauding services of retiring Justice Raja Fayyaz Ahmed, he said that he adorned benches rendering a number of historical verdicts.
He said, “My learned brother earned great reverence from the bar and the bench through his legal acumen, indepth understanding of law, patience, wisdom, courage, firmness, incorruptibility and by rendering independent and impartial judgments.”
Justice Raja Fayyaz Ahmed in his speech said that everyone needless to say was well aware of the hostile turbulence through which the judiciary had to sail through in the past.
“I as a member of this body had witnessed the crucial and heart rending moments when even the norms of humanity were blatantly flouted let go alone the Constitution,” recollecting his memories, he observed.
He said “It was ‘a blessing in disguise’ the judiciary with the help of undaunted legal fraternity and countrymen were able to carve a niche in the temple of its equivocal history.”
He stressed that they had to struggle laboriously and honestly to root out corruption and improve rule of law.
Advancing words of advice for judges, he said that they should perform their duties unbiased and see to it that the justice gravitated down to have-nots in its pure, pristine and unadulterated form.
Attorney General for Pakistan Molvi Anwarul Haq, Vice Chairman, Pakistan Bar Council Lateef Afridi and Asma Jahangir, President of the Supreme Court Bar Association, also spoke on the occasion. APP
The judiciary was also a unifying and integrating force in the country, he said, adding, “the Constitution of Pakistan 1973 accorded a crucial position to it”.
He said as an important pillar of any democracy governed by the rule of law, the judiciary stood at a higher pedestal to be the arbiter in resolving inter-governmental disputes as well as disputes among citizens or between citizens and the government.
“However, law reins supreme over all the organs i.e. judiciary, legislature and the executive. None is above the law; each and every organ is accountable for its actions,” he stressed.
Lauding services of retiring Justice Raja Fayyaz Ahmed, he said that he adorned benches rendering a number of historical verdicts.
He said, “My learned brother earned great reverence from the bar and the bench through his legal acumen, indepth understanding of law, patience, wisdom, courage, firmness, incorruptibility and by rendering independent and impartial judgments.”
Justice Raja Fayyaz Ahmed in his speech said that everyone needless to say was well aware of the hostile turbulence through which the judiciary had to sail through in the past.
“I as a member of this body had witnessed the crucial and heart rending moments when even the norms of humanity were blatantly flouted let go alone the Constitution,” recollecting his memories, he observed.
He said “It was ‘a blessing in disguise’ the judiciary with the help of undaunted legal fraternity and countrymen were able to carve a niche in the temple of its equivocal history.”
He stressed that they had to struggle laboriously and honestly to root out corruption and improve rule of law.
Advancing words of advice for judges, he said that they should perform their duties unbiased and see to it that the justice gravitated down to have-nots in its pure, pristine and unadulterated form.
Attorney General for Pakistan Molvi Anwarul Haq, Vice Chairman, Pakistan Bar Council Lateef Afridi and Asma Jahangir, President of the Supreme Court Bar Association, also spoke on the occasion. APP
