Society cannot flourish until rule of law prevails: CJP

RECORDER REPORT

LAHORE: Chief Justice Muhammad Iftikhar Chaudhry Saturday said a society cannot flourish until constitutionalism and rule of law prevail there. If any of the institutions transgresses its powers or attempts to enter into the domain of other institution, it undermines the rule of law.

He was addressing a certificate distribution ceremony of the District & Sessions Judges and Qazis of Balochistan and the newly recruited Additional District & Sessions Judges of Punjab.

The CJP said the establishment, sustenance and development of democratic culture in a society largely depend upon the rule of law. The rule of law ensures that all the governmental institutions function in accordance with the established principles and within their legal domain. The judiciary in view of its paramount duty towards the entire nation is a strong supporter of democratic governance system, and wants to see democracy flourish in the country and all the three pillars of the state function in their own constitutional limits. Thus, it is in the interest of all the stakeholders and of course of the entire judicial system of the country as well, to create an environment of mutual understanding and respect, so as to foster culture of credibility and ensure substantial justice to the entire satisfaction of the general litigant public.

CJP said that the governmental institutions should not be used for the individual benefit and personal gain. The state policies should be prepared in a transparent manner with the sole objective of establishing good governance in the country he added. Good governance entails the protection of basic fundamental rights enshrined in the Constitution, including security of life, provision of basic amenities, improved living standards, access to justice and equal protection of law CJP said.

The Supreme Court has always stressed upon the need for adherence to the dictates of the Constitution and the observance of the rule of law. It has adjudicated upon matters brought before it within the four corners of law while remaining within the Constitutional domain, with the sole object of supporting good governance and efficient functioning of executive, legislative and judicial branches, so as to put the nation on the path of progress and development.

The Constitution and democratic polity there under will find it difficult to sustain, if the judiciary fails to preserve the said trust.

CJP said we all recognize the changes taking place. But we must go beyond. We must also be willing to embrace and adapt to change. We must scrutinize our social contract-both with the public and internally-to ensure that we stay relevant-that is, stay just-and continuously strive for the good.

CJP said the judgment of the Supreme Court of Pakistan of 31st July, 2009, followed by other verdicts, rendered much needed support in blocking the way of the future military adventurers and dictators and in sealing the eras of taking supra-constitutional steps, which, in the past, were endorsed and upheld each time in the garb of the principle of "law of necessity" or Kelson's theory of 'revolutionary legality'. The successive judgments of the Supreme Court have clearly laid down that the welfare of the people lies in following the Constitution in letter and in spirit, and in no other manner or method. The emphasis is that the Constitution must be, adhered to by all and sundry and in all circumstances. In consequence of the chain of judgments and orders passed by the court on the issue, for the first time in the history of Pakistan, all the unconstitutional and illegal actions taken by dictator during the era of deviation from the Constitution were amended. I have always acknowledged and applauded the role of members of the bench and the bar in raising high and sustaining the banner of independent judiciary. The movement ultimately triumphed and achieved its coveted objective, which enabled this nation to witness a democratic government, completing its full tenure and peaceful transfer of power through the civilized method of holding free and fair elections.

I am hopeful that the course undertaken by new entrants, will give befitting results in addressing the challenges of the legal system in accordance with the Constitution and the law.

CJP advised the judges to achieve excellence in the administration of justice and come up to the expectation of the litigant public.

Let the bench and the bar work in a friendly atmosphere while maintaining a professional distance with dignity, appreciation and respect for each other CJP added.

Speaking on the occasion Chief Justice Umar Ata Bandial of the Lahore High Court, said that legal fraternity of all the provinces was striving hard for the establishment of rule of law. He asked the judicial officers to earn such a high pedestal of reputation and integrity by dispensation of flawless justice that even losing parties also respect and bow before judiciary.

Chief Justice of Balochistan Qazi Faez Isa said that incidents of terrorism were cowardly acts. However he was optimistic that such happenings could be overcome with voice of reason and logic.