ISLAMABAD: Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry has said judiciary is the protector and guardian of the constitution. He was addressing full court reference on the eve of retirement of Justice Raja Fayyaz Ahmad here Tuesday. During the period of Constitutional deviation, it was the Judiciary that stood resolute for the restoration of democracy and Rule of Law and it emerged successful with the cooperation of the bar, legal fraternity and civil society, he added.
He went on to say in a democratic State, Judiciary is well known for its independence. In order to meet the ends of justice, the Judiciary has to take decisions even against the Government. This independence of judicial system in a democratic State is possible only when the judges perform their duties fairly, impartially and fearlessly. This is a sure sign of civilized society, based on human dignity and respect for each other views and opinions. It helps in strengthening national bond and unity. This is what make the people proud of their nation, ever willing to fight and sacrifice for its integrity, and strive for its survival and development.
The principle of trichotomy of powers as enunciated in various provisions of the Constitution of Pakistan postulates that every organ of the State exercises powers within its jurisdictional domain, he held. The very Preamble of the Constitution accords a distinct existence to the Judiciary apart from the Executive and the Legislature by envisaging that the independence of the Judiciary shall be fully secured. Similarly, the principles of separation and individual existence have also been recognized by the Constitution under Article 175(3). Every organ of the State enjoys its separate existence and independence subject to the constitutional limits and constraints. Excessive and unauthorised exercise of power beyond the allotted sphere by any organ brings chaos and anarchy in the society.
He underlined the Judiciary today is striving at its best to bring peace and tranquility in the society by redressing the grievances of the public timely and within the constitutional domain.
He observed superior judiciary is the ultimate protector of the rights of the citizens and heavy duty is cast upon the judges of the Superior Courts in particular to interpret the law in accord with the settled norms of justice in order to cater for the needs of time. Fair dispensation of justice is the work of judges of integrity and prudence. Judges today cannot live in ‘ivory towers’, they have to apprise themselves of the apathies of the litigant public, to examine the facts carefully, to acquaint themselves with the developments in the contemporary legal systems and social set up and then to decide cases by pointing out loopholes and lacunae in the law.
The Legislature and the Executive have to work hand in hand with the Judiciary for achieving these objectives of fair dispensation of justice and establishment of Rule of Law Judiciary is also unifying and integrating force in the country. The Constitution of Pakistan 1973 accords a crucial position to the Judiciary. As an important pillar of any democracy governed by the Rule of Law, Judiciary stands at a higher pedestal to be the arbiter in resolving inter-governmental disputes as well as disputes amongst citizen or between citizen and government. However, law reins supreme over all the organs i.e. Judiciary, Legislature and the Executive. None is above the law; each and every organ is accountable for its actions, he said.
Input from Agencies