Judicial independence: textual guarantees of Constitution not enough: CJP

Chief Justice Tassaduq Hussain Jillani Saturday said the textual guarantees of the Constitution are not enough to maintain judicial independence. He said the preamble of the Constitution mandates that there would be a system of governance in the country where the independence of judiciary shall be fully secured. The CJP said, "Judiciary had no arms to protect its independence and these textual guarantees are not enough to safeguard judicial independence."
The CJP said the judiciary had the moral authority and people's confidence in the institution that not only ensured that judgements were complied with but also act as bulwark against any extra constitutional encroachment. The CJP was addressing 32nd Roll Signing ceremony at Lahore Registry of the Supreme Court. He awarded licenses to 82 advocates on the occasion. Other judges of the SC and senior lawyers also attended the ceremony.
Tassaduq said judges, prosecutors and lawyers play a crucial role in ensuring peace and stability in society. "The lawyers are in the forefront in defending human rights and fundamental freedom in times of crisis," he added. The CJP said in the system of trichotomy of power, judiciary had a pivotal role to ensure that each organ of the state acts within the constitutional limits. Whenever an organ transgresses that limit, the judiciary has to intervene, he added.
Discussing features of the democratic governance, the CJ said democracy was not mere periodic elections or right to vote or freedom of speech and belief but it was a way of life. He said the most basic office people hold in a democracy was that of being a citizen and this office had nothing to do with race, creed, or ethnicity. He said people owed a loyalty to the Constitution that bound all to speak out and do not remain silent or passive spectators whenever witness an assault on the core of values enshrined in the sacred document.
"There is an ongoing conflict between those who want to uphold those values and those who violate it in the name of their narrow and bigoted world view," he said. "We should stand with those who defend these values," he added. Greeting the new advocates of the SC, the CJP said it was both a day of rejoice for lawyers and a day of solemn reaffirmation to those ideals for which the society respected them and honoured them.
He said lawyers had a proud legacy which requires that they should always endeavour to live up to the lofty traditions. He said lawyers earned respect by assisting courts but this respect would be at risk, if some of them refused to appear in courts or demonstrated disorderly behaviour. The CJ advising the lawyers said, "Your efforts should always be to act in a manner which generates respect and inspires confidence in you."