Full Court Reference on Justice Fayyaz retirement held: Democracy prevails when state institutions adhere to constitution: CJ

Democracy prevails where all the institutions and functionaries of the State strictly adhere to constitutional norms because the excessive and unauthorised exercise of power beyond the allotted sphere by any organ creates chaos and anarchy.
This was stated by Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry while addressing the Full Court Reference held on the eve of retirement of Justice Raja Fayyaz Ahmed here on Tuesday. Attorney General for Pakistan Maulvi Anwar-ul-Haq and President Supreme Court Bar Association Asma Jahangir also spoke on the occasion.
The chief justice added that the principle of the trichotomy of powers as enunciated in various provisions of the Constitution postulates that every organ of the State exercises powers within its jurisdictional domain, adding 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 independence of judicial system in a democratic state is possible only when the judges perform their duties fairly, impartially and fearlessly. It helps in strengthening national bond and unity. "In order to meet the ends of justice, the Judiciary has to take decisions even against the government," the CJP stated. He added that the judiciary today is striving hard to bring peace and tranquility in the society by redressing the grievances of the public timely.
He maintained that the SC being at the apex of the well-ordered and well-regulated judicial structure of this country has time and again laid down guidelines through its judicial verdicts, national judicial conferences and policies for securing the independence and impartiality of the judicial institution. "Fair dispensation of justice is the work of judges of integrity and prudence therefore 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," the CJP added.
Judiciary is also unifying and integrating force in the country. As an important pillar of any democracy governed by the Rule of Law, Judiciary stands at a higher pedestal to be the arbiter in resolving inter-governmental disputes as well as disputes amongst citizen or between citizen and government. However, law reins supreme over all the organs ie Judiciary, Legislature and the Executive, He stated.
President SCBA Asma Jahangir on the occasion said like all other state organs, the professional standards of the bench and the bar have also deteriorated, adding that there was grave concern on some judgements, which are often discussed at the bar, and it is feared that these may set troublesome precedents.
Asma added that no doubt there is shortage of judges in High Court, which needs to be addressed urgently, but there is also dismay at the level of competence and scarcity of judicial values. Quoting a decided case of one of the High Courts, she said: "An individual was dismissed from service and the honourable HC prohibited that he be employed in any successor organisation.
In addition, the honourable court ruled that 'no employee of Quetta Development Authority should meet' the dismissed officer and if anyone did so 'disciplinary action be initiated against him'. The SCBA chief said that there was need to institutionalise legal aid. It will expand opportunities for lawyers seeking exposure while giving much needed access to litigants, who are unable to afford the luxury of litigation.
She pointed out that the lawyers' activities are tied to case management by the courts. A number of cases are routinely adjourned as the roaster is discharged, often after several hours of waiting. "Urgent applications are kept pending for days and weeks, which is particularly a cause of perpetual anguish for outstation legal counsels." She sought CJP indulgence for setting up a consistent method for fixating cases so that they could work according to a more predictable timetable.
The Chief Justice assured Asma Jahangir his full co-operation to resolve all those issues pointed out by her. Justice Raja Fayyaz, who has retired on Tuesday, thanked the Chief Justice and honourable judges for paying tribute. He said: "We all had to struggle laboriously and honestly to root out corruption and improve Rule of Law of which every countrymen is well cognisant but these objectives shall shape themselves only when the enlightened conscience of every citizen is welded into one embodiment," he concluded.