Sindh High Court (SHC) Chief Justice Mushir Alam said on Saturday that the judiciary has never tried to assume the role of an executive or legislature, but has always played its role while remaining within the constitutional circumference.
This he said while addressing the oath taking ceremony of newly elected body of Karachi Bar Association (KBA) here on Saturday. He said that judiciary was equipped with the judicial review power to annul any act including an act of elected representatives.
He held the stance that judiciary played a parental role for any country.
He said that the government’s constitutional responsibility was to provide judiciary with adequate resources. However, he went on to say that amid limited resources, the judiciary was delivering justice to the citizens.
He opined that bar associations struggled hard for the independence of judiciary and rule of law in the society, adding that their dream materialised when independent judiciary was restored in the country.
He said that judiciary and lawyers had to strictly act according to the rule of law as they had to be involved in the dispensation of justice.
He maintained that judicial policy had been announced only for the welfare of the country and its citizens, adding it also helped in immediate and substantive dispensation of justice.
He said that elected representatives were the voice of public were also the custodians of public trust, adding that if their act caused any breach of trust, then judiciary had to play role its role.
Federal Law Minister Farooq H Naik said on the occasion that democracy in Pakistan had finally established itself, adding that it was now the duty of the judiciary and the people to join hands so that democracy could further take deep roots in Pakistan.
He said that according to the constitution of Pakistan the State shall exercise its powers and authority through chosen representatives of the people, and government shall be run the chosen representatives of the people. However, he held the stance that thwarting any policy of the chosen representatives would amount to usurpation of powers.
He said that it was also laid down in the constitution that independence of judiciary should be fully secured. He opined that notwithstanding the nobility of objective, it was not the job of judges to run the government. Furthermore, he said that despite widening sphere of influence, the judiciary should not overwhelm itself, and must not embroil itself in micro-managing the affairs of the executive or the legislature.
Moreover, he said that he was fully aware of problems being faced by lawyers, adding he would do his best to resolve these problems.
He announced Rs20 million grant for the Karachi Bar Association. He also said that Pakistan had become a victim of terrorism, adding the country had not only lost thousands of innocent civilians and brave personnels of police and armed forces but also those of great leaders.
SC never tried assuming role of executive, says CJ Mushir
