SC to resist any action against democracy, says CJP

ISLAMABAD: The Chief Justice of Pakistan (CJP), Mr Justice Nasirul Mulk, on Thursday said the Supreme Court (SC) as the guardian of the Constitution would resist every action taken by any institution threatening the Constitution and state structure formed under it. He said that the apex court wanted the promotion of good governance.
Addressing the Full Court Reference held here in the Supreme on the eve of his retirement, Justice Nasirul Mulk, who is going to lay down his robes on August 16, said that as the final arbiter of the law, the SC was charged with the obligation to ensure the people the promise of justice under the law and, thereby, it also functioned as guardian and interpreter of the Constitution.
“The responsibilities of a judge do not simply require him to interpret and apply the law but also to maintain fidelity to the Constitution by other arms of the state,” the chief justice said. He said that the apex court had remained committed to stepping in and protecting the Constitution in the event of any extra constitutional intervention.
He recalled that in August 2014, a constitutional petition was filed by the President Supreme Court Bar Association apprehending resort to unconstitutional measures and the apex court passed a restraining order directing all the state authorities and functionaries to act only in accordance with the Constitution and the law and to adhere to the principles of the Constitution enunciated in the case of Sindh High Bar Association v Federation of Pakistan (PLD 2009 SC 897).
The chief justice said that his learned brother judges, both present and retired, had contributed extensively to causes of justice and human rights in Pakistan and their sacrifices during the testing times of 2007 shall be remembered as voices of conscience unmoved by temptation and intimidation.
“My brother judge, Justice Jawwad S Khawaja, Chief Justice (designate), will lead the proud and cherished traditions of this court. In him, we have an ascetic thinker of vision, dedicated to seeking the light of justice for all,” the chief justice said.
He said that over the past year, the apex court had sought to protect and promote the rights of the minorities by pursuing the implementation of the directions given in the instant matter. “This court will continue to play a role in ensuring that plurality and diversity of faith-practices in Pakistan are granted protection under the rule of law.”
The chief justice said that democracy was the quintessential requirement for ensuring the rule of law, where the weak and the indignant could raise voices to claim justice. He said that the apex court had enforced the will of the people, hoping that democracy would hold the centers of power and the powerful elite accountable through the force of democracy.
The chief justice said that Bar and the Bench were two interdependent and interconnected parts of the justice delivery system and the effectiveness and efficiency of one was directly correlated to the other.
He said that the people of Pakistan shall remain grateful to members of the Bar for their struggles and sacrifices, especially during the testing times of 2007, when the lawyers had refused to relent in order to protect the honour, respect and independence of the judiciary.
The chief justice said that his responsibilities, as a judge and later as the Chief Justice of Pakistan were a pleasure which granted meaning and a fulfilling purpose to his life.
“I had a simple approach to every case pleaded before me: every instance of injustice was a time to enforce the writ of law,” the chief justice said.
Justice Jawwad S Khwaja, the designate Chief Justice while paying rich tributes to Chief Justice Nasirul Mulk, said that Justice Nasirul Mulk had attained high respect and status amongst the legal fraternity due to his professional capabilities and talents. He said that as a colleague he remained with Justice Nasir for over six years and during this period, while sitting on the bench or outside the court he found his lordship while discharging his duties maintaining the dignity of the court supreme.
“Apart from cases, whenever, I felt guidance of his lordship, I got the response of his lordship given as a senior wholeheartedly and I fully facilitated from his sincere guidance as well,” Justice Jawwad S Khawaja said.
Attorney General for Pakistan Salman Aslam Butt also while paying rich tributes to Chief Justice Nasirul Mulk said that his lordship was one of the flag bearers for the rule of law when the apex court along with the Constitution and democracy came under challenge by a dictator on the 3rd of November 2007.
The Full Court reference was also addressed by President Supreme Court Bar Association Fazle Haq Abbassi and Vice Chairman Pakistan Bar Council Azam Nazir Tarar, paying rich tributes to Chief Justice Nasirul Mulk.