Dictatorship thing of the past: CJP
LAHORE: Chief Justice Iftikhar Muhammad Chaudhry on Sunday said history bore witness to the fact that nations and states founded on dictatorship instead of supremacy of constitution, rule of law and protection of fundamental rights faced destruction.
Addressing the Lahore High Court Bar Association, he said the era of dictatorship "is over and now it is a bitter chapter" from the past. "The nations which do not learn lessons from their past experiences and continue to repeat mistakes have to pay the price," he said.
The chief justice said the fundamental rights are protected in the Constitution of Pakistan. "Not only to the Pakistanis, but the Constitution also provided protection to all those who are living in the country. There is a detailed list of fundamental rights in the Constitution, while these rights are also discussed in the Articles 3 and 4 of the Constitution."
Justice Iftikhar said the Articles 3 and 4 could not be suspended even during emergency. He said the fundamental rights had a key position in the Constitution. "It is binding on the courts under Article 4 of the Constitution to maintain the rule of law, therefore, courts are bound to stop any act of administration and legislators against this principle."
The chief justice, in the start of his speech, thanked the bar for inviting him to address them. He also thanked the media for the coverage. He said the LHCBA's efforts for the rule of law and supremacy of Constitution had always been appreciated.
"The system of the rule of law is based upon this ideology and philosophy. Both the bar and the bench are dependent on each other. The courts cannot work in the right direction without the assistance of lawyers. Therefore, the bar and the bench are two main ingredients for administering justice to the people," he said.
Dilating on the importance of the fundamental rights, the CJP said fundamental rights were crucial for a civilised society. "The formation of a civilised society is not possible in the absence of the supremacy of the Constitution, rule of law or protection of fundamental rights."
He said the Supreme Court had analysed these rights and concluded that independence and fundamental rights were dependent on each other. In consonance with the spirit of democracy, he said, a system should be established in which the representatives of people should govern the state.
He said the fundamental rights formed an important part of the Constitution, therefore, the administration or the legislators could not promulgate any law against the fundamental rights. "The judiciary can also suspend such laws as are against the spirit of the Constitution," he said.
He said the Supreme Court had the right to take action under Article 184(3) and the high courts had this right under Article 199. He said he disposed of a number of cases in which he took suo motu notices after receipt of letters and applications dispatched to him by people. The burden of work did not come in his way in dispensation of justice, he added. "Even heavy backlog of cases could not stop me from disposing of cases, involving human rights," he said. "We cannot shut the doors for destitute people," he added.
The chief justice said they had provided justice in as many as 6,000 complaints in the cases of Zina (adultery/fornication), kidnap, honour killings, Vani, Sawara, misuse of authority, illegal arrests, privatisation, illegal allotment of government land, illegal possession by cops. He said they also took action against influential people in habeas corpus cases.
He said the apex court judges also reduced the backlog. All that was not against any personality or department, he said, adding: "These actions were taken for the welfare of the society and in the interest of the rule of law."
Earlier, addressing the lawyers, the counsel for the chief justice, Aitzaz Ahsan termed the journey of the chief justice from Islamabad to Lahore as a referendum (against the government). He said it was not a rally of the government in which employees of various departments were forced to participate. "In this rally have millions of people participated on their own," he added.
He welcomed the participation of 17 LHC judges in the reception besides praising Justice Jawad S Khawaja of the Lahore High Court for resigning from service in the wake of the judicial crisis. He also expressed gratitude to the judges of the Sindh High Court for attending the functions held for the CJP in Hyderabad and Sukkur.
LHCBA President Ahsan Bhoon said the days of the military government were numbered and shortly it would be no more. Pointing towards the lawyers and the general public, he said the people were fed-up with the illegal and unlawful acts of the government and would not bear them any longer. He called as state terrorism the police highhandedness against lawyers at different protest rallies.
Bhoon said the movement of lawyers would continue till the end of the military government. He said the nation by participating in that rally had proved that they were with the chief justice and "against the dictator".
He said the chief justice by taking firm stand against Musharraf had made lawyers to be proud of him. He urged the lawyers, political parties, civil society organisations and the people at large to participate in the movement for the rule of law and restoration of democracy. He said it was duty of every citizen to participate in this movement. Meanwhile, lawyers passed resolution condemning the government for allegedly blocking the telecast of different TV channels in different parts of the country.
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