ISLAMABAD: Chief Justice of Pakistan (CJP) Iftikhar Muhammad
Chaudhry has said the cooperation between Bench and the Bar is a sine
quo non for smooth judicial operations at various hierarchies.
CJP said this while addressing oath-taking ceremony of Islamabad High Court Bar Association (IHCBA) here Thursday,
He
went on to say the lawyers not only have professional role but also
duty towards the citizens so as to create a culture of rule of law,
which is the foundation of democracy. In Pakistan we follow the
adversarial system of adjudication where the litigant parties have to
prove their case. The responsibility of lawyer has increased many fold
in our society where there is lack of education, awareness and
financial resources to hire a counsel in order to protect their legal
rights. He held that Mr. Justice Michael Kirby, President, Court of
appeals, New South Wales in his article on “The Judiciary and the Rule
of Law” said and I quote: “ It is the fearless support of the judicial
independence by the Bar that gives hope in the future for the supremacy
of the Constitution and the Rule of Law”.
He underlined it
will not be out of place to mention here that in our legal history the
lawyers individually started the struggle for the rule of law and
independence of judiciary, Bars had not only supported such an
individual efforts but by collective actions through Bar Associations
challenged many unconstitutional and illegal acts. I would just
mention here few important cases from the judicial history e.g Asma
Jillani vs Government of the Punjab[1], Sharif Faridi vs. The
Government of Pakistan[2], Al-Jihad Trust vs. Federation of Pakistan
[3], Zafar Ali Shah vs. Chief of Army Staff [4] etc and last but not
the least, the representatives of Sindh High Court Bar Association in
the case of Sindh High Court Bar Association vs. Federation of Pakistan
[5], which highlight the role of lawyers and Bar Associations for the
cause of rule of law and independence of judiciary:
He
maintained the cooperation between Bench and the Bar is a sine quo non
for smooth judicial operations at various hierarchies. Therefore, the
Bench and Bar being the wheels of the same chariot of justice should
constantly endeavour individually and collectively to enhance the
prestige of the judicial organ.
The lawyer’s community lead a
historic movement for the maintenance of rule of law, independence of
judiciary and the restoration of 1973 Constitution in its real form and
spirit. The Lawyer’ Movement played pivotal role, in collaboration with
the independent media and civil society. Indeed this success has
brought the lawyers to face the new challenges. Now it is
responsibility to respond the aspirations of citizens of the country in
delivering quick and inexpensive justice.
He said that the
lower courts are not to be treated as lower in the literal sense of the
word. Actually these are the courts which form the very backbone of
the judicial infrastructure of the country. These are courts where the
actual trials are held. Whereas, the role of the superior or the
appellate courts only rectify any shortcomings or mistakes of the
judgments of these trial courts.
Thus, if the lower courts or
trial courts function in professional manner and both the Bench and the
Bar work with professionalism and ethical commitments most of the
complaints of the litigant community will be addressed down there. It
will have a salutary effect on the working of the superior courts as
less and less cases for appeals would be filed. This will further
increase and enhance the quality of judgments of the superior courts as
well. Thus, it is in the interest of both the Bench and the Bar and
indeed in the entire judicial system of the country to provide an
environment based on mutual interest and respect fostering a culture of
credibility ensuring substantial justice be meted out at the entire
satisfaction of the litigant public.
He went on to say “as we
all know that the Islamabad High Court had ceased to function vide
Judgment of Sindh Court Bar Association wherein the amendment in the
relevant Article of the Constitution was annulled. Indeed, the
establishment of High Court or a Federal Court of Islamabad Capital
Territory was an act, which could have been done under in accordance
with the Constitution. It could also tend to advance or promote good of
the people, but unfortunately, it was mixed up with the
unconstitutional, illegal, vide ab initio and malafide acts.
However
it was left open for the parliament to take steps to establish such a
court in accordance with the Constitution and the law.[6] On these
recommendations the Islamabad High Court was again established making
necessary amendments in the Constitution. I am sure that the newly
established Islamabad High Court under the competent leadership of its
learned Chief Justice Mr. Justice Iqbal Hameed-ur-Rehman will meet the
aspirations of the people in the dispensation of justice. Online
