ISLAMABAD: Chief Justice Iftikhar Mohammad Chaudhry said on Friday that the Constitution guaranteed independence of judiciary and prevented interference of the executive, but judicial independence must operate within the constitutional domain assigned to it.
The independence of judiciary was axiomatic in every society.
Addressing the opening session of the National Judicial Conference, he said judiciary kept a close watch to supervise and protect the fundamental rights of citizen as enunciated in the Constitution to uphold the rule of law.
He said: “The courts flung into action the moment such rights are violated and appropriate proceedings are initiated for enforcement. When we talk about the judicial independence it must operate within the constitutional domain assigned to it.”
He said the competence of judiciary could be measured through its decisions and approach.
“It is the duty of every state functionary to uphold the rule of law and strict adherence to the Constitution. When the state functionaries transgress their authority, then the court has to invoke its power,” he said, adding “it can only happen if we have honest, committed and independent judiciary to uphold the rule of law”.
He admitted that the delay in the litigation not only caused agony and sufferings to the litigants but also adversely affected the socio-economic activities in the country.
The Chief Justice said that justice in Islam was a sacred obligation, which was to be performed in conformity with the dictates of Allah in most sincere and purposeful manner.
The administration of justice in Islam was a divine duty. It was a well-settled legal principle that justice was not only to be done but it should be seen to be done.
He said: “The ultimate purpose of justice is to ensure peace, amity, tolerance and contribute for the welfare of people.”
He said that all stakeholders involved in the administration of justice, whether judges, member of the bar, law officers or prosecutors, were duty bound to dispense justice and uphold the supremacy of the rule of law and constitutionalism.
He said that no system in the world could survive or achieve desired results if it was not been reformed with changing needs of society.
He said that an impartial and independent judiciary was the cornerstone of the Constitution and had to play a vital role in eliminating exploitation of justice.
“An independent and efficient judiciary ensures social justice and good governance in the society. It provides a platform to aggrieved citizens to seek justice at their doorsteps,” he said.
He said the purpose of the public interest litigation was to uphold the confidence of public in the judicial system by providing socio-economic and political justice to all citizens and especially to the downtrodden sections of society.
He said: “It is also necessary to pass on the benefits of law to the common and especially the poor, vulnerable and marginalised section of society.”
About objectives of the conference, he said it provided an opportunity to all of them to revisit the National Judicial Policy to discuss the contentious issues on the basis of the experience of the past year and to suggest reforms and innovation.—APP
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