SC judge dispels impression of division in judiciary

KARACHI: The Supreme Court Judge Syed Mansoor Ali Shah on Saturday dispelled the impression that judiciary was divided on several constitutional issues and said that issuing dissenting notes/judgments on the constitutional issues by the judges were very important and in fact it reflects the inherent beauty of the judiciary.

Addressing annual dinner of Sindh High Court Bar Association as chief guest, Supreme Court’s judge said that rule of the law and independence of the judiciary were essentials of democracy which have to be protected. Justice Syed Mansoor Ali Shah was of view that suo moto powers of the courts should be used for protection of the rights of weaker segments of the society instead of dealing with political issues. He said that public institutions could run with consensus instead of individuals. He said that rule of the law could not be enforced by mere promulgation of the laws but protection of the fundamental rights of every individual citizen against excesses of any power.

Justice Shah said that laws must protect the personal rights of the citizen relating to equality, tolerance, religious freedom, dignity and freedom of thought etc and if they are enforced there will be rule of the law and democracy in the country. He stressed the need of introducing and using modern technologies in dispensation of the judicial system and getting rid of the outdated laws. He emphasized that cases of civil nature should be decided within one year and observed that would change the fate of the country. He said that alternate dispute resolution system should also be introduced to decide civil litigations. Justice Shah said that every institution of the state must work within its jurisdiction and without interference in the domain of other institution.

Chief Minister Sindh Syed Murad Ali Shah, who was also guest of honor on the occasion, said that legislature and executive have been weakened to restrain them from protecting, preserving and defending the constitution. He said that 50 percent opposition legislators were facing cases. He said that judiciary, legislature and executives have the duty to protect, preserve and defend the constitution and it is necessary to strengthen all pillars of the state which can alone enforce the constitution in its true spirit. He said that provincial cabinet has approved the health insurance of lawyers and this scheme is in final process.

SHCBA President Salahuddin Ahmed requested the chief justice of Sindh High Court and the government to extend the original jurisdiction of district courts from Rs.15 million to Rs. 65 million by making necessary amendments in civil courts ordinance. The SHCBA secretary Omer Soomro also spoke.