Suo-moto to be used with restraint: CJP

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The two-day International Judicial Conference concluded on Saturday evening after formulating a number of recommendations.

In his concluding remarks, Chief Justice of Pakistan Tassaduq Hussain Jillani said that the protection of basic rights of the people will be ensured, adding that the people have increased their confidence in the judiciary.

“With respect to the judicial review of administrative actions, it is hereby declared that the judiciary, not only in Pakistan but all over the world, particularly in developing countries, strives to establish constitutionalism by exercising the power of judicial review,” the CJP said.

On the subject of role of judiciary in protecting human rights, the CJP declared that the superior courts should not exercise a roving and supervisory role to ensure fundamental rights. However, they should exercise their jurisdiction in such a way that they are not overburdened with civil and political claims.

Justice Jillani said that the subordinate judiciary should also play a pivotal role in safeguarding the fundamental rights of citizens and suggested that the judiciary must ensure access of speedy justice and abridge the lengthy legal procedures and hurdles faced by litigants.

The conference adopted a declaration pledging to uphold constitutionalism by exercising power of judicial review. It reaffirmed that the power of judicial review may be exercised to preserve the Constitution as a living and organic text.

The declaration said that the exercise of suo-moto jurisdiction by the Supreme Court of Pakistan may be duly structured, adding that the principle of ‘Trichotomy of Power’, enshrined in the Constitution, should be respected so that exercise of judicial powers neither hampers, nor stunts executive policies.