Responsibility of judiciary is to 'apply and interpret' law: CJP
Chief Justice Iftikhar Muhammad Chaudhry on Tuesday said that the responsibility of judiciary is to 'apply and interpret' the law so as to pass on the benefits of law to all, especially the poor/downtrodden, exploited and vulnerable segments of the society.
'It has to do justice, secure rights and entitlements of the people and remove discrimination,' said the Chief Justice while speaking at a full court reference held to bid farewell to Justice Chaudhry Ijaz Ahmend who reached the age of superannuation. While stressing for strict adherence to constitutional principles, he said that the Constitution furnishes the fundamental principles of governance and administration. It is in best interest of all of us, the citizens, to follow the basic law.
'It is a code of conduct for the key constitutional office holders and other government functionaries to conduct the state affairs in accordance with the law,' he added. Citing Article 37 of the Constitution, he said that it is principled policy, which calls upon the State to ensure inexpensive and expeditious justice. Access to justice is a fundamental right guaranteed by the constitution. The state is duty bound to safeguard the fundamental rights guaranteed by the constitution, he added.
Admiring the services of Justice Chaudhry Ijaz Ahmed, he said that Justice Ijaz possessed great qualities of head and heart. He was always consistent in words and deeds and he displayed great devotion to the call of duty. He has been sitting with us on the bench in the extended late hours, mostly up to and beyond 5'o clock in the evening. Indeed, he discharged the onerous function of dispensation of justice with success and in a befitting manner.
He is strong supporter of the rule of law and a firm believer in the supremacy of the Constitution. He has quite often emphasised the supremacy of the constitution, the tracheotomy of powers enshrined in the supreme law and the upholding of the rule of law in a number of judgements authored by him, not only as a judge of the Supreme Court of Pakistan, but also as a judge of the Lahore High Court. He understood and applied the constitutional norms and legal principles in his judgements and individual opinions added to judgements.
The period of five years that Justice Chaudhry Ijaz Ahmed spent in this court was the most tumultuous but at the same time an epoch making period in the history of Pakistan. During this period, some of the most important decisions were rendered. Notably, he contributed in the fullest measure in the making of those decisions. He played a vigorous role in the cause of administration of justice and was leaving behind a luminous record, added the Chief Justice.
Speaking at the occasion, Justice Chaudhry Ijaz Ahmed urged for welfare of the people and said if it were not being done it would mean that the institutions were not performing their duties. He said that a judge should not only work as per his conscience, but also should not bother about public relation and response.
Honesty, integrity and merit are the hall mark of a judge's duties. Qazi Muhammad Anwer, president Supreme Court Bar Association (SCBA) Anwar paid rich tributes to the services of Justice Chaudhry Ijaz. Being a die-hard supporter for independence of judiciary, he said that it cannot be achieved in presence of interference of the government in affairs of the judiciary.
'There should not have any political influence in the appointment of judges,' he added.
He said that it is constitution, which is supreme and not the parliament, whereas the function of judiciary, is to defend the constitution. Abul Inam, vice chairman Pakistan Bar Council (PBC) also praised the services of Justice Chauhdry Ijaz.
He, however, adopted a different stance from the SCBA president and said that any drastic interference of the court could lead to collapse of the system. Attorney General for Pakistan Maulvi Anwar-ul-Haque also paid rich tribute and acknowledged the services of Justice Chaudhry Ijaz Ahmed towards his professional commitment and contribution in conformity with Rule of Law and supremacy of the Constitution.