Days of derailing democracy are gone: CJP

Chief Justice of Pakistan Iftikhar Muhammad Chaudhry on Saturday said that lawyers and members of the civil society would thwart any unconstitutional attempt to derail democracy in future.

Speaking at an opening ceremony of Judicial Complex at Daska, Justice Chaudhry recalled that parliament and democracy were derailed on October 12, 1999. But days for such actions had gone, he noted.

“Constitution protects rights of every person,” he said. Lauding the sacrifices of lawyers for independence of judiciary, he said there were very few people who did not hesitate to offer any sacrifice for the supremacy of law.

The chief justice maintained: “we would not hesitate to offer any sacrifice for the supremacy of judiciary.”

He thanked the president and office-bearers of the Bar Association Daska for their invitation and warm reception extended to him on the occasion of inauguration of the new judicial complex.

“The lawyers community has exhibited exemplary conduct for securing rule of law and independence of judiciary. They stood with bench in restoration of constitutionalism, democracy and strengthening of judiciary in the country. Without their support, the present scenario could not have seen the light of the day,” the chief justice said.

He said with the struggle and sacrifices of the members of bench and bar the nation was able to have an independent judiciary in the country. “Now judiciary is free in dispensing justice and to safeguard the fundamental rights of citizens without fear or favour. We may have certain shortcomings in our performance but with the support and cooperation of the legal community, we would certainly be able to overcome the same,” he said. Justice Iftikhar noted that public aspirations and expectations were very high from the institution of administration of justice. “The people acknowledge your unprecedented role in the maintenance of rule of law and restoration democratic dispensation in the country.”

The chief justice said that the successful lawyers’ movement had now imposed a great responsibility on the bench and bar to respond to the aspirations of the people in dispensation of inexpensive and expeditious justice. “The courts are working hard to achieve the targets set out by the National Judicial Policy. The wholehearted support and cooperation is required from the bar to achieve these targets,” he said. The number of cases pending before the district judiciary is much higher than the Supreme Court and high courts. The ratio of the new cases is increasing with growing rate of population. Some 90 percent of cases are pending before the district courts and the remaining 10 percent are pending before the Supreme Court and high courts.”

The chief justice noted that the backlog of cases was a big hurdle in the way of expeditious justice but this phenomenon was not new in their judicial history. “The backlog of cases is not only our problem, but many developed countries are also facing difficulty in the early disposal of cases.” He said the present judiciary was striving hard to discharge with the responsibility entrusted to it by the constitution and the law. “If we look into the history, the institutions were not allowed to flourish according to the law rather they were used for achievement of vested interests.”

He said in their society, the reins of administration of justice are controlled by the divine principles. “Islam has emphasized on establishing a society where no one is above the law. Pakistan is a democratic country wherein state is responsible to establish social justice and eradicate tyranny as per principles of Islam.” He said justice should not only be done but it should be seen to be done. He said the purpose of the justice is to ensure peace, amity, tolerance and welfare of the people. “Our constitution and laws derive inspiration from the Holy Quran and the traditions of the Prophet (PBUH).” Justice Iftikhar said all the stakeholders involved in the administration of justice were duty bound to uphold the supremacy of rule of law and constitutionalism. Justice Iftikhar said the head of state is never considered to be above the law. “The second Caliph Hazrat Omar (RA) was summoned by the Qazi in his court. The Holy Prophet (PBUH) said:-“What destroyed the nations preceding you was that if a noble amongst them stole, they would forgive him, and if a poor person amongst them stole, they would inflict Allah’s legal punishment on him. By Allah, if Fatima, the daughter of Muhammad, stole, I would cut off her hand.”

The CJP said justice among people is considered one of the most sacred and important obligations. He said the vision of Islamic society cannot be fulfilled if it is not based on justice, equality and freedom. “It is not merely a theory but covers all the facets of human life. It is one of the attributes of Allah Almighty, which requires devotion and sincerity to meet the ends of justice.”

He said: “Judiciary is a pivotal institution responsible for administration of justice, however, it equally needs the proactive support and corporation of other state institutions.”

Justice Iftikhar said the judiciary as third pillar of the state plays vital role in brining peace, tranquility and good governance through expeditious settlement of disputes and by protecting the rights of citizens. “This has also a direct nexus with the economic development of the country,” he said.