Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry on Thursday said that interpretation of laws was the judiciary’s calling whereas implementation of those laws was the executive’s responsibility.
Addressing a full court reference on the occasion of Justice Shakirullah Jan’s retirement, the chief justice said that the judiciary was aware of the fundamental rights of the people and the authorities and rights of state institutions. He said that the judiciary held a position parallel to that of the legislature and of the executive. The chief justice rejected the perception that the judiciary was playing the role of the opposition, adding that all state institutions should respect the judiciary’s independence. He added that the existence of and respect for an independent judiciary was inevitable for the state. He stressed the notion that bar and bench together can bring major reforms in the legal and judicial system through mutual understanding and cooperation. According to the chief justice, such reforms can mitigate the common problems of backlog of cases, frivolous and protracted litigation, heavy costs and courts fees, non-appearance of lawyers and witnesses and others.
An impartial, independent and accountable judicial sector is crucial to the protection of basic human rights, fair resolution of disputes and the sustainable economic and political development, Chief Justice Iftikhar Chaudhry noted. He quoted a verse from the Holy Quran that appreciated the impartiality in the delivery of justice as a feature recognized by Islam. Chief Justice of Pakistan observed the judiciary is performing functions purely within the constitutional domain, adding that in any democratic setup Judiciary stands at the higher pedestal as compared to the other two organs of state, that is the executive and the legislature.
The honorable Chief Justice of Pakistan is forever concerned with his higher pedestal.
The legislature is the elected body for making laws . An un elected, unrepresentative body, the judiciary's job is to interpret those laws in line with the aims, objectives and spirit of the laws as intended by the legislature. Such interpretation by the judiciary cannot be at right angle to what the legislature intended.
Religion has given us certain rules, our interpretation cannot be as we desire, but should be in accordance with the spirit of those rules as intended by the Giver.
The Chief injustice should quote from the constitution, where judiciary can remove Prime Minister. He should also quote from the constitution where a dictator can be given the right to amend the constitution. Will he quote from the constitution of Pakistan where judge can be sworn in under PCO? What you did for bringing reforms regarding judicial corruption. Judiciary in Pakistan is one the most corrupt institutions in Pakistan…. may be police, revenue and judiciary in that order. Just a short visit to any of the Courts premises ( Kutcheries ) will tell the whole story. What has CJ done to lessen the sufferings of common people involved in court cases? Nothing …Zero. He is just heading a power hungry judiciary and the Black Coats are its mafia goons. With his sons scandal becoming public the CJ should have resigned. It may not have been as per Constitution but surly would have been morally and ethically right….But then resignation is a word not in our dictionary.
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