- CJP says judiciary entrusted with ‘sacred task’ of ensuring that no State organ acts beyond assigned role
- Calls for striking a balance between security of the State and individual rights
Chief Justice of Pakistan (CJP) Tassaduq Hussain Jillani has said that the judiciary has been entrusted with the sacred task of ensuring that no organ of the State acts beyond the role assigned to it under the Constitution and the law, as also to protect the people from arbitrary rule.
While speaking at a function on the eve of retirement of Justice Khilji Arif Hussain in the capital on Friday, the CJP said that the constitutional pledge of independence of judiciary and the constitutional command that all State institutions shall comply with the orders passed by the Supreme Court are all means towards the ultimate goal of dispensing social, economic and political justice.
The CJP said that though it is the function of each organ to ensure enforcement of the rule of law but it is the judiciary which has ultimately to declare what the law is through its power of judicial review. He added that the enforcement of rule of law is an unending struggle and the judiciary must never relax in its constitutional resolve to protect the rule of law.
Justice Jillani said that the Bench and the Bar, the government and all institutions must protect democracy.
“We have to protect the constitutional values of democracy, of religious tolerance, of human dignity and providing inexpensive and expeditious justice.”
He quoted the saying of the Holy Prophet (PBUH), “A moment of justice delivered is far sacred than thousands nights of worship.”
Justice Jillani said that the country is passing through difficult times, facing the menace of terrorism and confronting an existential crisis. While fighting terrorism and protecting democracy, the need is to strike a proper balance between n the conflicting values and principles i.e. the value of security of the State and individual rights, he said.
“Such rights cannot justify undermining the national security. There is an element of nihilism in the violence that we see. A constitution is not a prescription for suicide and civil rights are not altar for national destruction.”
Fundamental rights exist only in a State where the rule of law under the Constitution reigns supreme, he said.
The chief justice said, “The Supreme Court in its endeavor to strike a balance between the conflicting values often attracts criticism from both sides. Those standing for human rights may contend that the court gives too much protection to security and ignores human rights; those who speak of security concerns may allege that the court is tilted towards human rights rather than security.” These comments should not deter us to uphold the rule of law and the canons of democracy, he added.
