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No one can dare abrogate the Constitution: CJP

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No one can dare abrogate the Constitution: CJP

DASKA: Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry on Saturday said a dictator ambushed democracy and the Constitution on October 12, 1999 but civil society and the judiciary had now guaranteed no such adventures.

Speaking at the inaugural ceremony of the Judicial Complex here, Justice Chaudhry said the days of the abrogation of the Constitution were over now.

The chief justice said lawyers and civil society both foiled the attacks of the dictator on the Constitution and the judiciary.

He said the people were now fully alive to their fundamental rights and a vibrant judiciary was working to safeguard them. He said the judiciary was also trying to help address the challenge of corruption.

“Our district judiciary is trying its level best to deliver justice despite limited resources, yet the importance of infrastructure cannot be overlooked. Shaping the buildings has a great nexus with shaping the destiny of the nations.

When it comes to shaping the building of the judiciary, it carries greater importance, as it has to contribute greatly towards the performance of the sacred duty of administration of justice.

“This occasion has provided me with a chance to share my thoughts with the lawyer of Daska and its surroundings, and I have always felt pleasure to be among the distinguished gathering of eminent lawyers and jurists.”

The CJP said the lawyers had exhibited exemplary conduct for the rule of law and independence of the judiciary.

“They stood with the bench for the restoration of constitutionalism, democracy and strengthening of the judiciary. Without their support, the present scenario could not have seen the light of the day.”

The chief justice said with the struggle and sacrifices of the members of the bench and the bar the Pakistani nation was able to have an independent judiciary and now the judiciary was free in dispensing justice and safeguarding the fundamental rights of the citizens without fear or favour.

“We may have certain shortcomings in our performance, but with the support and cooperation of the legal community, we will certainly be able to overcome the same,” he said.

Justice Chaudhry said public aspirations and expectations were very high from the institution of administration of justice.

“People acknowledge your unprecedented role in the maintenance of rule of law and restoration of democratic dispensation in the country. The successful lawyers’ movement has now imposed a great responsibility on the bench and the bar to respond to the aspirations of the people for dispensation of inexpensive and expeditious justice.”

The courts at all tiers are working hard to achieve the targets set out by the National Judicial Policy. “The wholehearted support and cooperation are required from the bar to achieve these targets. However, since the implementation of the policy, the output of the district courts is very encouraging.”

He said the number of cases pending with the district judiciary was much higher than those pending with the Supreme Court and High Courts.

The ratio of the new cases, he said, was increasing with the growing rate of population. “Ninety percent of cases are pending with the district courts and the remaining 10 percent are pending with the Supreme Court and high courts, he added.

He said the backlog was a big hurdle to dispensation of expeditious justice. “The phenomenon of the backlog is not new in our judicial history. It’s not only Pakistan’s problem, but also many developed countries are facing difficulty in the early disposal of cases. In the past, many exercises were carried out to remove the complexities of procedures prevalent in courts.”

He said many commissions had been constituted in the country to resolve the issues of backlog and procedural complexities but the desired results could not be achieved.

The present judiciary, he said, was striving to discharge with the responsibility entrusted to it by the Constitution and the law.

“If we look into history, the institutions were not allowed to flourish according to the law rather they were used for the achievement of vested interests. In Pakistani society, the reins of administration of justice are controlled by divine principles. Islam has emphasised the establishment of a society where no one is above the law,” he remarked.

He said Pakistan was a democratic country where the state was responsible for establishing social justice and eradicating tyranny as per the principles of Islam. “It is a well-settled principle that justice is not only done but should seem to be done,” he said.

The CJP said the purpose of justice was to ensure peace, amity, tolerance and welfare of people. “Our Constitution and laws derive inspiration from the holy Quran and the traditions of the Prophet (PBUH),” he added.

The chief justice said all the stakeholders involved in the administration of justice were bound to uphold the supremacy of the rule of law and constitutionalism.

“The rule of law is one of the important attributes of Islamic principles. The head of the state and the common man are equal before the law. The head of state is never considered to be above the law. The second Caliph Hazrat Omar (R.A) was summoned by the Qazi. Justice among people is considered one of the most sacred and important obligations. The vision of an Islamic society cannot be fulfilled if it is not based on justice, equality and freedom,” he added.

The chief justice said free, fair and impartial dispensation of justice was the key principle of Islamic system of governance.

“It is not merely a theory but covers all the facets of human life. It is one of the attributes of the Allah Almighty, which requires devotion and sincerity to meet the ends of justice. The spirit of the teachings of Islam has been incorporated in the Constitution and the laws of the land. The state and its organs are responsible for expeditious and inexpensive justice.

“The judiciary is a pivotal institution responsible for the administration of justice; however, it equally needs the proactive support and corporation of other state institutions,” said Justice Iftikhar.

He said the judiciary being the third pillar of the state played a vital role in brining peace, tranquility and good governance through expeditious settlement of disputes and by protecting the rights of citizens. This has also a direct nexus with the economic development of the country.”

Source:
No one can dare abrogate the Constitution: CJP - thenews.com.pk
 

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