Injustice anywhere is a threat to justice everywhere: CJP

Chief Justice of Pakistan Iftikhar Mohammad Ch has said that administration of justice generates a feeling of satisfaction in the people and thereby promotes social peace. If the lamp of justice becomes broken then there will be great darkness. Injustice anywhere is a threat to justice everywhere. Addressing at the Supreme Court Bar association here on Saturday Chief Justice said the legal fraternity serves the nation through dispensing justice to all segments of society and all manner of people. The administration of justice has always been a covetous objective of a civilized government. But the importance given to it by Islam may well be gathered from the fact that Justice is considered to be an attribute of God and the administration of Justice, as the performance of a religious duty, the CJP said. He said the State by itself is an abstract entity; it is manifested through the functioning of its three major institutions namely legislature, executive and judiciary. These organs are the creation of the supreme law of the State known as the Constitution. These organs have specified spheres of functioning. In their respective areas, each organ is sovereign and supreme, and so far as it remains confined to the area of operation, no interjection from any other organ or institution is permissible. But if so happens, there is a recourse provided to end such interjection. To this extent the judicial organ is empowered to act as a referee. It may be stated that though the judiciary itself is also an organ of the State and as such, is required to perform somewhat difficult task of having to sit in judgment over the functioning or performance of State organs. The prohibition on exceeding limits or areas of operations, is binding on all organs including the judiciary. Long ago, this Court settled the controversy through one of its celebrated judgment in the case of State v Zia ur Rehman by ruling that the Court too is subservient to the Constitution and its power to hear and determined, is subject to limitations contained therein and can be exercised only with regard to the subject over which it is given jurisdiction. In other words, while adjudicating upon disputes and conflicts among institutions, the Court exercises judicial power, as mandated by the Constitution. However in doing so, the Court is also obligated to determine the extent of and limits to its own jurisdiction. The CJP said the challenges posed by the present-day realities require a well thought out strategy to steer the state ship through the troubled waters in a smooth and cohesive way/manner. In the context of third world, more so Pakistan, it becomes incumbent upon the judiciary to stick to the constitutional norms and ensure that other State organs and their functionaries also follow the constitutional principles and abide by its dictates. He said the Court needs to interpret the constitution and the law in a manner that the stability of democratic system, political dispensation, economic development, peace and security are upheld and further strengthened. There are no short cuts to acquiring strong democratic norms and values as well as economic growth and social progress in society. We ought to develop a culture of democratic values including resolution of conflicts through dialogue, policy of give and take to evolve and carry forward national agenda for attaining economic growth, tolerating dissent and criticism for bringing about uniformity on national issues, constantly striving to remove disparity or discrimination from society and endeavoring for public wellbeing and happiness. To achieve these grand objectives of the democratic system, the State organs and institutions must compliment one another. The Constitutional framers provide the constitution in broad and flexible terms to create such a dynamic instrument. It is up to the Court now to take the pragmatic view while interpreting the Constitution according to the changing needs of the society, the CJP said. The Lawyer Movement , with assistance of civil society, played pivotal role, in collaboration with the independent media, which created an atmosphere in which such a transition not only occurred, but left a deep impact on the public opinion with regard to the appreciation of democratic values and rule of law. The successful Lawyers Movement has brought the lawyers of this Country in different standing. They now face new challenges. The Bench and the Bar have to respond to such challenges. It is high time to respond to the aspirations of citizens of the country in delivering quick and inexpensive justice, he said. He said the independent judiciary is correlated with the democratic system, as both of them go side by side; the existence of one is indispensable for the other. Our Constitution in its Preamble also emphasizes that independence of judiciary shall be fully secured. An impartial and impendent judiciary is the corner stone of our Constitution. The CJP said the Supreme Court of Pakistan has decided hundred of cases of public importance in the last few years, to uphold the rule of law including abduction/kidnapping, rape, gang rape, illegal dispossession, illegal detention, excess committed by public officials, torture inflicted by the Police officials, environmental degradation, financial corruption etc. In pursuance of orders of this Court billions of rupees have been recovered and deposited in the public exchequer in the cases of Bank of Punjab, Rental Power Projects, National Insurance Company Limited, etc. Furthermore, compensation was paid to the owner of flats and depositors in the housing schemes and refund of amounts collected from pilgrims for provided requisite accommodation and facility to pilgrims. The judicial organ as a custodian of the constitution has to ensure that the laws are implemented properly in strict conformity with the constitutional norms. Strict adherence to the constitutional norms leads the nation towards prosperity and establishment of Rule of Law in a Country. Terming Bar as a vital pillar of the administration of justice system he said it is the duty of every member of the Bar, being the officer of the Court, at all times to uphold the dignity and high standing of his profession.

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