Chief Justice Iftikhar Muhammad Chaudhry on Monday said judges were required to preserve, protect and defend the constitution of Pakistan. Addressing the opening ceremony of the New Judicial Year 2012-2013, Justice Chaudhry said that the rule of law is the only solution to all social and economic problems and that the Supreme Court is striving to discharge its constitutional duty of securing the principles of democracy, equality, freedom and social justice as enunciated by Islam.
The chief justice said that absence of justice in a society gave rise to denial and infringement of rights of men, which in turn led to chaos and anarchy. “When might becomes right, the entire fabric of the society is rendered fragile. Resultantly, people are compelled to take the law in their own hands. Therefore, using the modern terminology, upholding the supremacy of the constitution and rule of law is the only solution to all social evils and economic problems,” he added. He said that Islam aimed at establishing a society where there was no one above the law and all persons whether high or low, powerful or weak, rich or poor – all were equal before law, and equally treated. CJP Iftikhar Chaudhry emphasized that attention was needed for a better understanding of problems confronting the system of delivery of justice that were threatening the rule of law in the country. He said that the judiciary had a primary role in the justice delivery system. However, all the authorities and institutions, including executive and the legislature, had to render auxiliary support and cooperation in the administration of justice and execution of the judicial process.
The principle of trichotomy of powers embedded in the provisions of the Constitution aims at creating an atmosphere of harmony and collaboration among all the state institutions in order to achieve the goal of fair dispensation of justice, he said. “The judicial activism on the part of apex court has not only improved the judicial system as a whole, but has also enhanced public trust and confidence in the institution,” he noted. He said that the obligation of protecting and defending the constitution is cast on all government/public office holders and elective office holders in the national interest.