The judiciary, as an institution, can never be independent until and unless individual judges remain impartial, Chief Justice of Pakistan (CJ) Iftikhar Muhammad Chaudhry said on Thursday.
Addressing a Full Court Reference held in the Supreme Court on the eve of retirement of Justice Mahmood Akhtar Shahid Siddiqui, the CJ said judges were the pillars of the judicial institution and were expected to avoid such words, actions and situations that might make them appear prejudiced and disrespectful to the oath they were sworn to abide by. “At the same time, lawyers, clients and witnesses are also expected to refrain from criticism of the judges and the judiciary,” he said, adding that the bench, the bar and the litigants were all part and parcel of the same judicial system of Pakistan.
“They have to work in collaboration with one another in order to achieve the objectives of justice and to establish peace and tranquility in the society,” he added. He said the highest standards of integrity in both their professional and personal lives were expected from the judges. “In-depth knowledge of law, legal research, legal acumen, impartiality, patient hearing and ability to render cogent and rational judgements are the traits of a good judge,” he said. The chief justice said a heavy duty was cast upon the judges of the superior courts in particular to bear all these traits for being the ultimate protectors of the life and liberty of citizens.
Moreover, he said the public itself reposed great confidence in them. He said being a democratic state, Pakistan was based on Islamic principles of social justice wherein the state was responsible to establish justice and eradicate all forms of oppression, transgression and tyranny. He said the rule of law was one of the important attributes of Islamic injunctions. “We are at the crossroads of our existence as we are facing natural calamities and internal and external threats. At this juncture, we should fulfill individually and collectively the responsibilities and obligations enshrined in the teachings of Islam, which are the primary sources of the law of the land,” he stressed.
The CJ said the 1973 constitution was based on the trichotomy of powers, namely, the legislature, the executive and the judiciary. Each of these operated within its jurisdictional domain independently of the other. “This trichotomy of powers has been introduced in the constitutional scheme in order to ensure independence, impartiality in judicial decision-making and maintaining constitutional balance,” he said, adding that this trichotomy, however, did not prevent interaction among the three organs.
He said the executive and the legislature were altogether independent in their spheres and the judiciary had never encroached upon their domains. He said the role of judiciary was not that of opposition to the other two organs, rather it, in an appropriate case, just placed a check on the arbitrary exercise of power by any institution or a functionary of the executive otherwise all three organs had the same objectives. Paying rich tributes to Justice Siddiqui, the CJ said he came to the bench after making a significant contribution in the legal profession from 1967 to 2001 when he was elevated to the Lahore High Court.
He said Justice Siddiqui was made dysfunctional on November 3, 2007 and was one of the judges who did not take oath under the Oath of Office (Judges) Order, 2007, with a view to uphold the supremacy of the constitution and the rule of law.
