NATO containers caused Rs 40 billion loss to Pak roads: Alamghir

Federal Minister for Communications Dr Arbab Alamgir Khan has confessed that over 40 billion rupees damage has been done to the roads of the country due to the NATO containers, adding that the letters were written but no satisfactory reply was given by NATO officials.

President Zardari says quiet well & return back soon

President Asif Ali Zardari has said that he was quite well and would return back soon.

Restriction on arbitrary powers essential for rule of law: CJP Iftikhar Muhammad Chaudhry

Chief Justice Iftikhar Muhammad Chaudhry has said apex court will continue using its powers in the best interest of nation and within well defined parameters set by the Constitution, adding that no obstructions towards independence of judiciary and rule of law would be tolerated in performing the sacred duty of administration of justice.

Addressing to the full court reference in honour of retiring Judge of SC Justice Sair Ali Chief Justice said that it is also the fundamental responsibility of the Court to ensure that no damage is caused to the solidarity, integrity and sovereignty of the state of Pakistan.

Chief Justice said that we claim to live in a civilized society. The principle of rule of law has been considered to be the foundation of a civilized society. It ensures application of laws without any discrimination, adding that the concept of rule of law was also embodied in the Constitution of Madinah which was given by the Prophet Muhammad (PBUH).

CJ said that the constitution in its Article 15 and 17 expressed that freedom; justice and equality were based on humanity itself. In Islamic jurisprudence, based on Sharia, the principle of rule of law was formulated before the twelfth century, as such, no official, not even the caliph, could claim to be above the law. Thus, the essential characteristic of the rule of law are the supremacy of law; justice; equality before the law; restriction on use of arbitrary powers; civil liberties and the independent judiciary.

He said that the events triggered by the 3rd November, 2007 action of a military dictator, the resistance of the Hon’ble Judges, the historic movement of learned lawyers’ community, watchful media, informed civil society, followed by the landmark judgment of Sindh High Court Bar Association v. Federation of Pakistan pronounced on 31st July, 2009, declaring the action as ultra vires, indeed marked a watershed in the political and the constitutional annals of Pakistan. For the first time in the chequered history of this nation, the superior judiciary got confident enough to exercise its jurisdiction, call a spade a spade and follow the command of the Constitution and enforce it in letter and spirit.

It was somewhat a clean break from the past. Thus, the present day superior judiciary has emerged as a true custodian of the fundamental rights of the people and the guarantor of the constitutional dispensation in the country, CJ said.

CJ said that it has been noted with concern that constitutionally ordained obligations of the Court to exercise its jurisdiction and take notice regarding infringement of fundamental rights are being projected in a negative light by some individuals.

He said Various Articles of the Constitution like 184, 187, 190 and so on and the well-developed case law fully empower the apex Court to take cognizance in a variety of situations to enforce fundamental rights and do substantive justice. In Benazir Bhutto case, the amendments in the Political Parties Act, 1962 regarding compulsory registration of political parties, were challenged on the touchstone of fundamental rights, CJ said.

Iftikhar Muhammad Chaudhry said that Supreme Court has declared certain provisions of law void being inconsistent with the fundamental rights and held that the Article 184(3) provided abundant scope to the Supreme Court for the enforcement of the fundamental rights where the question of public importance was involved. Furthermore, it would be for the Supreme Court to lay down the contours generally in order to regulate the proceedings, he added.

Chief Justice said that this Court has constitutional authority in resolving the disputes or issues among Federating Units, adding that it also gives opinion when so solicited through Presidential Reference on question of law.

He said that in the Presidential Reference No. 1 of 1988 when there were issues of Budget due to dissolution of the National and Provincial Assemblies, the financial and economic activities as well as the administrative, judicial and security functions of the State were seriously jeopardized.

This Court answered the Reference to resolve the crucial situation and opined that the Federal and Provincial governments could authorize incurring of expenditure out of Federal and Provincial Consolidated Funds upto one month after the declaration of the results of the general elections, CJ said.

Chief Justice said that there are also precedents when the apex court was approached to adjudicate purely political matters. In Special Reference No. 1 of 1973 by the president of Pakistan a political question regarding resolution for formal recognition of Bangladesh, by the National Assembly, was put before this Court.

The Court expressed that there was no legal bar in considering or adopting such resolution. However, no opinion was expressed as to the constitutionality or the validity of the measures, legislative or executive, that may have to be taken before according such formal recognition, he said.

CJ said that the political parties have also limitations and as per Article 17 (2) of the Constitution of Pakistan, if any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan then the matter can be referred to the Supreme Court of Pakistan for its final decision.

In the same way, under Article 63 A of the Constitution, the Supreme Court gives final verdict in the matters of defection of members of parliamentary political parties, CJ said.

Chief Justice said that various Articles of the constitution envisage the enforcement of fundamental rights coupled with such case law as the famous Shehla Zia case wherein the Court significantly extended the scope of Article 9 of the Constitution and held that no person could be deprived of his life or liberty save in accordance with law.

CJ said that although word “life” had not been defined yet, it does not mean nor could be restricted only to the vegetarian or animal life or mere existence from conception to death. Life includes all such amenities and facilities which a person born in a free country is entitled to enjoy with dignity, legally and constitutionally.

The right to life and security entail protection against any threat emanating from internal or external aggression. It is also the fundamental responsibility of the Court to ensure that no damage is caused to the solidarity, integrity and sovereignty of the state of Pakistan, CJ said.

Chief Justice said it is the singular duty of the apex court not only to enforce the freedom of life of people but also to ensure that complete quality of life is provided to the citizens of Pakistan. On numerous occasions, the apex court has held that the state should provide an enabling environment wherein the citizens are provided with appropriate wages to enjoy good health and to be able to live a comfortable life, he said.

CJP said that the fundamental Rights have so much importance that under Article 8 even laws made inconsistent with or in derogation of Fundamental Rights can be declared as void, adding that this is what empowers the superior courts to exercise the power of judicial review in legislative and administrative enactments and actions. Thus, any law or action contrary to the Constitution is declared as null and void.

Cj said that the role of apex Court is further highlighted when under Article 146 (3), 152 and 159 (4) of the Constitution the Chief Justice of Pakistan is entrusted with the power to appoint the arbitrator in cases of Administrative relations between Federation and the Provinces and issues of broadcasting.

The instances of such powers and confidence reposed in the judiciary can only be discharged if it is free and independent and the decisions are made in the constitutional spirit without any fear, favour or ill-will though heaven may fall, CJ said.

CJP said that we know it very well that the concept of sovereignty in Islam is that the Sovereignty over the entire universe belongs to Almighty Allah and any authority exercised by the people of Pakistan is a scared trust which must be within the limits prescribed by Him.

CJP said that loyalty to the State and obedience to the constitution and the law is a basic duty. By adhering to the dictates of the Constitution, can our nation achieve political stability, economic development and attain rightful and honoured place amongst the nations of the world.

CJP further said that whether it is the Parliament, Executive or Judiciary, the Constitution has set limitations for every institution. The armed forces too are bound to perform functions as entrusted to them by the law and the Constitution, adding that Under Article 245 they have to defend Pakistan against external aggression or threat of war under the directions of the Federal Government. They are also under obligation to act in aid of civil power when called upon to do so. The armed forces of Pakistan perform very noble function of defending the country.

Thus, it is incumbent upon the judiciary to respond to cases of violation of fundamental rights and give authoritative opinion on issues and question of law and public importance, CJ said.

Chief Justice said that the apex Court will continue using its powers in the best interest of nation and within well defined parameters set by the Constitution. No obstructions towards independence of judiciary and rule of law would be tolerated in performing the sacred duty of administration of justice.

He said that we are aware that after the historic judgment of 31st July, 2009 many consequences have flown including the removal of judges from the superior courts. Many incumbent judges of the superior judiciary were made to leave, while in case of Balochistan, the entire High Court stood vacant. But this is the price one has to pay for establishing the rule of law and supremacy of the Constitution.

CJ said that since the restoration of the present judiciary, all the Hon’ble Judges of the Supreme Court and High Courts have been performing their duties to the best of their ability and with great alacrity and legal acumen.

He said that despite the challenges faced in view of high pendency and backlog of cases, present judges stretched themselves hard to achieve remarkable object of disposal of cases and have authored many landmark judgments on important constitutional and other judicial matters. I look forward to the continued persistence and cooperation of my brother judges for dispensing our constitutional duties in a most appropriate manner.

Justice Sair Ali who is retiring today, I must say that he has a keen insight on religion. He has great love and affiliation with the Prophet (P.B.U.H.) and His family members; therefore, his heart is full of grief for the supreme sacrifice of Hazrat Imam Hussain (A.S.) and his companions.

CJ said to the surprise of many, I must mention here that Justice Sair Ali does write poetry to express his inner voice about things he cherishes in life. Despite his hectic schedule and full commitment as accomplished lawyer and a distinguished judge, he has been able to focus on his passion for poetry. He translated seminal work of Christopher Codwell’s book “Birth of Poetry” and got it published under the title “Nai Tanqeed”. SANA

Kayani discusses national security issues with Gilani

Chief of Army Staff, General Ashfaq Parvez Kayani called on Prime Minister Syed Yusuf Raza Gilani at Prime Minister’s House on Friday and discussed matters pertaining to the national security, especially the situation arising after the NATO attack on Pakistani check post.

Gen Dempsey says US achieved military targets in Afghanistan

Chairman of the Joint Chiefs of Staff General Martin Dempsey has said that the US forces have achieved all the military targets in Afghanistan, adding that the safe havens of terrorists are present in Pakistan.