If not challenged, verdict becomes final: CJP

LAHORE: Chief Justice of Pakistan (CJP) Umer Atta Bandial has said “if a judgment is not challenged, it becomes final”.

He was speaking as the chief guest at the annual A.R. Cornelius Conference, organised by the Implementation Minority Rights Forum (IMRF), here at a local hotel on Sunday.

The CJP said the court judgments must be in accordance with the Constitution. “When they are passed on merits of the case, then we have moral authority,” he added.

Justice Bandial said: “I am not worthy of controversy, just a member of the Supreme Court of Pakistan. Our existence is as a unit, a constitutional organ.

“Supreme Court of Pakistan’s judgment has moral authority. Our judgement may not be implemented today, but it will be; it will survive the test of time,” he expressed his belief. The CJP said political leaders need to start negotiations. “Courts cannot pass executive orders,” added the CJP. He quoted Quran on several instances in his speech.

Amid a judiciary-executive standoff over the matter of holding polls to the Punjab Assembly in the stipulated time period, CJP Bandial said, “It is not a choice but a duty to ensure polls within 90 days following dissolution of the legislature, as it is mandated by the Constitution.” He said the courts could not remain indifferent when it’s a matter of constitutional enforcement.

Apparently referring to PTI chief Imran Khan’s rallies in favour of the chief justice of Pakistan, Justice Bandial said: “Please don’t say that you support us. I’m just one of the members of the Supreme Court.” He said the support should be extended to the Supreme Court instead to any individual “if you stand up for the law and the Constitution”.

The CJP also called for implementing the Constitution in letter and spirit, saying “no excuses should be made”. The top judge said the leaders, institutions and people of the country were determined to uphold the Constitution and added that political leaders were holding negotiations in this regard in a bid to break the stalemate over holding elections in the country on the same day.

The CJP talked at length about late Justice Cornelius who declared dissolution of constituent assembly by governor illegal. He gave examples of how Justice Cornelius upheld the Constitution, lifted the ban on Jamaat-e-Islami (JI) as the Constitution gave the fundamental right of association. Justice Cornelius retired two months earlier than scheduled so that his fellow judge Dr. S.A Rehman could also become the CJP, he said. He specially thanked Syed Babar Ali, who also attended the ceremony, and former CJP Tasadduq Hussain Jilani.

Topic of the conference was ‘Privilege of the religious minorities in the Constitution of the Islamic Republic of Pakistan’. The CJP said he was chairman of the implementation bench for quite some time and always received cooperation from the government. Since the 2014 landmark judgment of the then chief justice of Pakistan Tasadduq Hussain Jilani to constitute a national council of minorities’ rights, a one-man commission, headed by Shoaib Suddle has heard and decided many cases in favour of minorities. Samuel Pyara, Executive Director of IMRF, has been consistently filing cases and won a number of rights for minorities.

Those who spoke on the occasion other than the CJP were Tasadduq Hussain Jilani, Sabahat Rizvi, first woman to be elected secretary of Lahore High Court Bar Association in 150 years, Bishop Azad Marshall, president Church of Pakistan, also chairman National Church Council Pakistan, and Samuel Pyara, executive director IMRF. The speakers paid tribute to A.R Cornelius, shed light on the rights minorities have won, and the issues that are relegating them to a secondary status and demand immediate attention.

Former CJP Tasadduq H Jilani said, “The courts have to play a more active role to protect human rights. The courts have to play a pedagogical role, that is, educate people.” Talking about the implementation of his 2014 judgment on minorities, he said, “Implementation of judgment requires to be done in a continuous manner.”

Samuel Pyara called upon the government to e-tag minorities’ properties so that no one tries to usurp their rights. He paid tribute to A.R Cornelius for his contribution in writing the Constitution. He thanked the one-man commission because of which minorities got many rights. Still there are decisions that need implementation such as the one in favour of sanitary workers, he said. They are still not paid for months and are working on as low as Rs8,000 per month, he claimed.

Sabahat Rizvi pointed out that the issues minorities are facing in the country are overwhelming. She said the national commission for minorities’ rights was Benazir Bhutto’s idea and she was the first one to work on interfaith harmony. There is no national council on minorities yet while from 2014 till now, only 22 per cent cases of minorities have been decided in their favour.

Bishop Azad Marshal stressed the need to create a pluralistic society. The Article 20 of the Constitution confers on individuals the right to practise their faith and propagate their religion. Conversions are against the Constitution. Abuse of blasphemy law is a cause of serious concern. The 2017 census grossly underrates the number of Christians in the country, he said.

The conference was attended by people from all the four provinces. A large number of clergymen were there. The conference started with national anthem, followed by national justice anthem written by former CJP Tasadduq H. Jilani, which people said they had heard for the first time, recitation of the Holy Quran and recitation of the Holy Bible.