LAHORE - Chief Justice of Pakistan Anwar Zaheer Jamali says courts at all levels are completely independent and will not deliver any judgment just to please anyone or be influenced by the media hype.
Addressing the concluding ceremony in connection with sesquicentennial celebrations of the Lahore High Court (LHC) here yesterday, he said the courts had the power of judicial review.
The judiciary could set aside any law passed by the parliament or decision of the executive if it is in conflict with the constitution or violates the human rights, he explained.
He said that if other institutions fail then courts have had to perform dual responsibilities: they had to decide cases between the parties on the one hand and take action for protection of fundamental rights on the other.
Justice Jamali, who is due to retire by the end of the month, appreciated the services of the LHC for provision of justice and said that it produced great judges like Justice (r) Abdul Rasheed, Justice (r) AR Cornelius, Justice (r) Javed Iqbal to the incumbent judges of the apex court. He said services of these judges could not be forgotten.
He said the LHC always performed its constitutional and legal responsibilities in resolution of disputes among people and protection of fundamental rights.
He also highlighted the role of the bar for the provision of justice and said the dispensation of justice was not possible unless the lawyers stood shoulder-to-shoulder with the judges.
The chief justice said such ceremonies provide an opportunity to understand challenges and do better planning for future. These provide an opportunity to the bar and bench to sit together and resolve the issues, which ultimately benefit the public.
The CJP said that for smooth running of the government affairs, the principle of distribution of powers had been adopted in the constitution. He said that a system of checks and balances had been created amongst the institutions through distribution of powers, which was the essence of democracy.
He said that no institution was allowed to cross its limits and interfere in the affairs of other institutions; therefore, no institution could command an absolute power.
Justice Jamali said that judiciary always tried to make minimum use of its powers and pass the orders in the cases of sheer violation of the constitution or fundamental rights. He said it was vital for prosperity and financial progress in society that the rule of law and good governance were ensured.
However, he said, it was regrettable that sayings of the Quaid-i-Azam had been forgotten, who had said that it was the topmost priority of the government to uproot injustice, corruption and other evils.
Chief Justice-designate Mian Saqib Nisar said on the occasion that it was their duty to decide the matters in accordance with the law. A judge has to decide a case in accordance with the law and this is a mandate given to him in the constitution.”We do not have unrestricted powers to decide matters,” he added.
LHC Chief Justice Syed Mansoor Ali Shah thanked all the participants and said that it was the right time to discuss and decide on the future course of action and strengthen the institution. He emphasised the need for adopting collective thinking, adding that the institutions should be given primacy over individuals.
He said accountability was most important requirement to take the institution forward and it could not be compromised. He further emphasised adherence to merit in all institutions.
Apex court judges including Asif Saeed Khosa, Amir Hani Muslim, Umar Ata Bandial, Ijaz-ul-Ahsan and Manzoor Ahmad Malik; LHC judges; and chief justices of AJK, Gilgit-Baltistan Appellate Court, Federal Shariat Court attended the ceremony.
Former CJPs Irshad Hassan Khan, Iftikhar Muhammad Chaudhry and Tassaduq Hussain Jillani; and former LHC CJs Khalil-ur-Rehman, Syed Zahid Hussain and Syed Jamshaid Ali Shah were also present. Representatives of different bars, lawyers and a large number of delegations from colleges also attended the ceremony.