ISLAMABAD - Judges should not be pressured by a political party, a private interest, or a popular opinion when they are called upon to determine what the law requires, said Chief Justice Iftikhar Muhammad Chaudhry while addressing at the inaugural session of International Judicial Conference at the Supreme Court building here on Friday.
He said that keeping the judiciary independent of these influences ensures that everyone has a fair chance to make their case in court and that judges will be impartial in making their decisions. Judges also must explain their decisions in public written opinions, and their decisions can be appealed to a higher court for review. “An independent judiciary is essential to maintaining the rule of law.”
The chief justice said that onus of expeditious and inexpensive justice lies on the State and its organs, although, judiciary is pivotal institution, which has to play its part, but it needs the proactive support and cooperation of other State institutions. Judiciary must be characterised by equality, fairness and integrity in its objective of dispensing justice, as the work of judiciary is a critical element in the good governance of a state. Expeditious and inexpensive dispensation of justice is the mandate of the Constitution. It is the first priority of judiciary and that’s why efforts are being made to improve the performance of justice sector institutions. Nevertheless, every system has potential for reforms and improvement to keep pace with the changing times and emerging realities.
The delay in the delivery of justice not only causes agony and suffering to litigants but also adversely affects the socio-economic activities in the country. The alternate to the formal system of administration of justice is system of Alternate Dispute Resolution.
He said that the administration of inexpensive, unbiased and fair justice leads the society to a civilized form of governance. Equality, impartiality and integrity in dispensation of justice are vital elements for the good governance of a state. Good governance leads to the maintenance of peace, tranquility and nitty-gritty of socio-economic activities. The law has assigned a very important but delicate responsibility to the judiciary to maintain rule of law and constitutionalism, which is the corner stone of good governance. The chief justice maintained that the increasing international interactions should not be restricted to the field of economic cooperation and business activities. The issue of child custody and parental child abduction also pose a challenge. The abduction at times is across borders.
He urged the participants that the environment is a trust and legacy of the inhabitants of the universe.
“We have to evolve a universal mechanism for making the environmental laws more efficient and practicable at national and international level.”
The chief justice said that the role of judiciary in protecting and enforcing the basic rights and equality of status of women is no doubt commendable. However, judicial empathy and awareness about the gender issues needs further analysis through critical examination of prevalent laws and regulations.