judiciary

CJ Iftikhar delivers monumental address on importance of an independent judiciary
By Muhammad Qasim, The News RAWALPINDI: An independent judiciary is mandated by the Constitution of Pakistan and is also emphasised by the international law, making it responsible to decide matters impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason. Non-functional chief justice of Pakistan Iftikhar Muhammad Chaudhry stated this while addressing a gathering of lawyers at the High Court Bar Association (HCBA) office here on Wednesday. He was speaking for the first time in the presence of the media after March 9 when President Pervez Musharraf filed a reference against him. It took Justice Chaudhry more than three hours to reach the Rawalpindi bench of the Lahore High Court (LHC) from his home. More than 500 lawyers accorded him a warm welcome near Kutcheri Chowk. They accompanied the convoy of Justice Chaudhry from Kutcheri Chowk to the HCBA building, covering the four-kilometer distance on foot. Throughout the way Justice Chaudhry remained in the Land Cruiser which was being driven by his counsel Chaudhry Aitzaz Ahsan. More than 2,500 lawyers welcomed Justice Chaudhry at the high court bar. Among others, President Supreme Court Bar Association (SCBA) Munir A Malik, Vice Chairman Pakistan Bar Council (PBC) Ali Ahmed Kurd, Hamid Khan, Tariq Mehmood and MNA Zamarud Khan also accompanied Justice Chaudhry. Before addressing the bar, Justice Chaudhry said his speech would neither be political nor about the presidential reference rather “it will be a purely professional speech”. He added that his counsel and the legal fraternity across the country have been expressing their feelings “for those matters (regarding the reference).” Addressing the bar, Justice Chaudhry said, “Independence (of the judiciary) means and includes not only the ability to decide cases, based on the peculiar facts and circumstances of each case, but also necessary administrative and financial independence to perform its functions. It is also the strength of the institution (the judiciary) to resist any onslaught on its working and capacity to decide cases freely, fairly and impartially.” To strengthen the principle of judicial independence, the Constitution envisages the system of separation of powers among the three organs: legislature, executive and the judiciary. Inbuilt in this mechanism of separation of powers is the system of checks and balances, he said. “It is impermissible for an organ to exceed its prescribed limits, for that would constitute interference in the domain of another.” “I admire the unparalleled and unprecedented unity and solidarity expressed by you for the cause of judicial independence and its separation from other organs, in particular, the executive,” the non-functional chief justice told the lawyers. The judiciary has to stand out as a strong entity — an entity that the people can trust and have confidence in, an entity that guarantees their fundamental rights and freedoms, inter alia, freedom of speech, belief, movement and expression, he added. “A society or nation, devoid of essential attributes of justice and fair play cannot sustain for long,” he said and referred to a saying of Hazrat Ali (RA) that an un-Islamic polity may survive but tyranny cannot. Terming the establishment of a free, fair, impartial and expeditious system of administration of justice a duty of the state, he said the failure to do justice strikes at the very foundation of nationhood or statehood. Justice Chaudhry emphasised that the benefits of democratic dispensation and constitutional rule must equally reach all classes without any discrimination on the basis of cast, colour, creed, or sex. “The poor and downtrodden sections of society must be given access to justice,” he said. A civilised society is unthinkable in the absence of a free, fair and impartial system of administration of justice. The dispensation of justice secures citizens’ liberty, equality and other rights and is essential for economic growth and socio-political development, he said. Before leaving the rostrum, the non-functional chief justice announced that on the advice of his counsel, he had postponed his scheduled address to the Peshawar High Court Bar Association on March 30 and the date for the address would be announced later. Speaking on the occasion, SCBA President Munir A Malik described the lawyers’ movement as a war for the independence of the judiciary. “The demand of the legal fraternity throughout the country, from Khyber to Karachi, is that the reference filed against Justice Chaudhry is malafide and should be withdrawn unconditionally,” he said. Senior judge of the Supreme Court, AJK, Syed Manzur Hussain Gilani and a female civil judge of Gujar Khan courts were also present on the occasion. “I am here to express solidarity with the chief justice,” said Gilani while addressing the lawyers. Office-bearers of bar councils and bar associations of Rawalpindi, Islamabad, Chakwal, Attock, Gujar Khan and Jhelum also reached to attend the address. Saeed Khurshid, who had resigned from the seat of civil judge in protest against the filing of the presidential reference against the chief justice, was also present on the occasion.