Judges make decisions as per law, says CJP

ISLAMABAD: Chief Justice of Pakistan Justice Mian Saqib Nisar while addressing the opening ceremony of New Judicial Year 2017-18 on Monday said that judges serve the people of Pakistan and serve the Constitution to the best of their understanding and ability.

“We do not write judgments to please, we do not write judgments to settle scores, we render judgments in the fine scales of justice,” the Chief Justice said.

He said that the Constitution is supreme and each state organ has to perform its duties and functions in accordance with the constitutional scheme. The Chief Justice said that the Constitution provides the system of governance to be run by the three organs of the state – the Executive, Legislature and Judiciary – which derive their power and authority from the Constitution hence they have to perform their duties and functions in accordance with law and the constitutional scheme. The Constitution is supreme and each State organ has to perform its duties and functions in accordance with the constitutional scheme, the CJP said adding that the most vital aspect of a true democracy is the rule of law for which the independence of the judiciary is a sine qua non.  The Chief Justice said that an independent judiciary administers justice according to the dictates of the Constitution and the law, and ensures protection of fundamental rights, with a view to achieving the ultimate goal of ensuring social, economic and political justice. 

“Independence of the judiciary means that the judges must be independent from all kinds of influences from any side, be it Executive or by any other person or authority in the echelons of power”, the Chief Justice said. 

Under the Constitution, the Chief Justice said the Judiciary is vested with the power to undertake judicial review whenever any authority or functionary of the State acts ultra vires the Constitution or the law. 

“An official action or act, which violates any of the provisions of the Constitution or the law reflects arbitrariness, which results in misgovernance, non-governance and consequently in injustice,” the Chief Justice maintained.

The Chief Justice further said that the goal of justice will be achieved by upholding the supremacy of the Constitution and rule of law in the country. “It is, therefore, imperative for us to safeguard and protect democracy as a system of our government for indeed it is an acknowledged basic feature of our Constitution”, the CJP added. 

The Chief Justice said that the apex court initiated suo motu proceedings in matters of great public importance involving violation of fundamental rights, besides, 29262 complaints were received in the Human Rights Cell, established in the Supreme Court under the public interest litigation jurisdiction for redressal of grievances. On this side, the CJP said, 29657 complaints were disposed of leaving behind 9701 complaints, adding that this exercise, in some measure, brought relief to the aggrieved persons. 

The Chief Justice thanked the fellow judges for their cooperation and commitment to the cause of justice and the efforts made by them for the achievement of the goal of dispensation of justice.   Meanwhile, SCBA President Rashid A Rizvi told the Full Court Reference on the occasion of opening ceremony of New Judicial Year, 2017-18: “Inviting military agencies to play a role in a case of such political sensitivity inevitably leads to finger-pointing not only at military forces but at this court itself”. He said that the inclusion of representatives of MI and ISI in the JIT has caused much controversy. He cited Air Marshal (R) Asghar Khan’s case wherein the apex court had held that ISI or MI may perform their duties as per the laws to safeguard the borders of Pakistan or to provide civil aid to the federal government but such organisations have no role to play in the political activities, form formulation or destabilisation of political governments, nor they facilitate or show favour to a political party or groups of a political parties or politicians individually, in any manner, which may lead in his or their success.

He said in his petition, filed before the Supreme Court, Asghar Khan had highlighted military interference in civilian political affairs while the court during the course of the proceedings in the case had found that an election cell was established in the presidency to influence the election which was headed by the then Chief of Army Staff and the then DG ISI.

It is pertinent to mention here that under the Asghar Khan case, it is alleged that Prime Minister Nawaz Sharif, along with many other politicians of different parties, is facing charges of receiving money from the ISI to defeat Pakistan People’s Party in the general elections of 1990.

Rashid A Rizvi said that in this backdrop, inviting military agencies to play a role in a case of such political sensitivity leads to finger-pointing not only at military forces but at this court itself.

“This Bar at least does not believe that the only independent and honest people capable of an impartial inquiry against a sitting government belong to the armed forces and is firmly committed to the democratic and constitutional ideal of civilian supremacy”, Rizvi maintained.

A the same time Rashid A Rizvi while referring to former prime minister Nawaz Sharif's review petition in the Supreme Court in the Panama Papers case, said that the sanctity of votes are always subject to the conduct and integrity of elected representative and it cannot be pleaded as a defence in a criminal charge before a court of law.

Speaking on the occasion, Attorney General Ashter Ausaf, urged the superior judiciary to establish a mechanism of institutional dialogue for betterment of the justice delivery system. “We must establish a mechanism of institutional dialogue to bring about the sort exchange of ideas that can transform our justice delivery system as we know it,” he insisted.

He said, “At the risk of redundancy, I again say that a free exchange of ideas never compromises the independence of separation of state institutions rather it can only develop a greater understanding of themselves and each other.”

The Attorney General for Pakistan said recent events have not signaled well for trichotomy of power and by extension, for development of constitutional democracy. “We witnessed firsthand a confluence of these factors when political issues were brought before this court, leaving parties without the right of appeal,” he said.

The AGP also highlighted the role of media in such cases. According to him, “As the media’s role continues to expand in our national discourse, it is hoped that it will not transform into a parallel peoples’ court system. A trend, which [is] ought to be checked without compromising constitutional guarantees,” he said.  According to a press release issued here, the Chief Justice welcomed newly elevated judges, namely Justice Ijazul Ahsan, Justice Mazhar Alam Khan Miankhel and Justice Syed Sajjad Ali Shah and hoped that their elevation will further benefit the institution. 

It was the first full court meeting chaired by the Chief Justice after his assuming the highest judicial office. Justice Asif Saeed Khan Khosa, senior puisne Judge, on his own behalf and on behalf of other judges congratulated the Chief Justice of Pakistan on assuming the highest judicial office of the country and assured him of full support and cooperation for the administration of justice.