Judges not against democracy, chief justice assures  

• CJP Nisar says parliament is supreme lawmaking body, judiciary ensures implementation 

• Doctrine of necessity has been buried; judiciary is neither a part of any ‘planning’ nor will it let anyone suffer injustice

• Concedes judiciary ‘made some mistakes in the past’, calls for institutional introspection

• Says he’s taking suo motu actions on certain issues to ensure protection of basic rights of citizens 

ISLAMABAD: In an apparent response to former prime minister Nawaz Sharif’s recent tirade against the judiciary and his allusion towards the judiciary’s complicity in the past coups, Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Saturday said there is no danger to democracy from the judiciary, asserting that the doctrine of necessity has been “buried”.

He was presiding over a meeting of judges belonging to special tribunals and administrative courts at the National Judicial Policymaking Tribunal in the federal capital.

Addressing the meeting, CJP Nisar said the parliament was the supreme institution of the country, while the judiciary is the most important pillar of the state.

“Trichotomy of power is the spirit of democracy,” he asserted.

Rubbishing allegations of being biased or “under any influence”, the CJP reiterated that the judiciary is working independently. “Your judiciary is not only independent outward but inward as well. All my judges are independent. This is the culture that we have developed.”

He went on to vow to “protect” democracy in the country as he made a public pledge to never let democracy get “derailed”. He said that he is proud of being Pakistani and is “loyal to serve the motherland right”.

“I am not arrogant,” the CJP said and added that he would not remain the chief justice of the country if democracy gets undermined.

‘CORRUPT HAVE TO BE HELD ACCOUNTABLE’:

Commenting on the nature of the job, he apprised accountability and anti-terrorism court (ATC) judges that “there will be people who threaten the system and might claim that they will make your children’s lives difficult, but you have to bring these people to accountability.” He was making a blunt reference to Pakistan Muslim League-Nawaz (PML-N) former senator Nehal Hashmi’s ‘anti-judiciary’ tirade.

It may be mentioned here that the Supreme Court has also summoned PML-N lawmakers Tallal Chaudhry and Daniyal Aziz over “contemptuous remarks” on Feb 6th and 7th, respectively.

In a reply to the allegations hurled at the judiciary especially after the ouster of PML-N supremo Nawaz Sharif from prime minister’s office, CJP Nisar said that “the judiciary is not part of any ‘planning’ nor will it let anyone suffer injustice”.

He went on to say that the judiciary is being accused of being a part of an anti-democracy campaign, but the judges must not come under any pressure,” he said.

Reiterating that the judiciary and parliament go hand in hand under the umbrella of the Constitution, he said, “The Constitution is the supreme document of the country; parliament, the supreme body, has the authority to make laws, while “our job is to uphold their sanctity”.

However, he questioned the durability of the current laws, stating, “Has the law been updated to meet the current scenarios? People complain that judiciary receives so much money, but “no work” is being done,” he said.

‘JUDICIARY NEEDS TO INTROSPECT’:

While conceding that the judiciary had “made some mistakes in the past”, he said that in order to move forward, the institution will have to introspect as well.

Stressing the importance of dispensing justice that “satisfies public”, CJP Nisar advised the judges to regard the legal profession their passion, instead of a “mere job”.

“Integrity, honesty, uprightness are the virtues of a good judge”, he said, adding that the judges should not worry about getting more benefits; we are one of the “highest paid government servants, so let us deliver”.

Advising the judges to work harder, he said that a judge of the high court draws a monthly salary of Rs 0.9 million while the salary of a supreme court judge is even higher.

He urged the community of judges to join his campaign of dispensing justice. “I bow my head to you to become part of my campaign and start delivering justice. We have to enforce the fundamental rights of the people. This is our responsibility,” he said.

The CJP in his address also snubbed the lawyers for their disobedience, perhaps referring to multiple lawyers-judges quarrels over the last few years. He said that the lawyers used to follow certain decorum to not affect the judge’s attention in court. “The lawyers made no noise in the courtroom; they used to bow before the bench and pulled their chairs quietly.”

‘JUDGE FAIRLY’:

Commenting on the current inflow of cases, the CJP said, “The cases have come to me whose judgements haven’t been passed in years, these cases come to me, and when I act severely, the cases go in retrials. The lawyers want to argue more and keep the cases going. I urge you to not do this. Please rule in favour of justice no matter what.”

The CJP, however, acknowledged the hurdles being faced by the lawyers, though not “insurmountable”.

Defending the multiple cases that were registered in the Supreme Court (SC) after he took suo motu notices, Justice Nisar said that he had never tried to exceed his authority. The only reason behind taking a suo motu notice of certain issues, he explained, was to ensure that the basic rights of the citizens are protected. He then appealed to the judges to never let any emotion influence their verdicts.

Referring to a meeting he had with China’s chief justice, Justice Nisar said that the secret behind China’s rapid progress is that the citizens worked for their nation. He encouraged the judges to work towards building a better future for the coming generations.

Over the issues pertaining to the staff and administration control of the judiciary, the CJP remarked, “Your staff should be under your administrative control. But, your control should not be under the federal government but your chief justices. We will work out a plan for this as per country’s law.”

He said that a high-level meeting will be conducted to discuss China-Pakistan Economic Corridor (CPEC) project.