Independent judiciary vital for democracy: CJ
Chief Justice Iftikhar Muhammad Chaudhry. — File photo/Online
SUKKUR: Chief Justice Iftikhar Mohammad Chaudhry said on Saturday that independent judiciary was essential for democracy and that courts had the power to revoke any law, DawnNews reported.
During a law conference in Sukkur, the chief justice said that it was the judiciary’s responsibility to ensure that the government and other institutions followed the Constitution and did not waver from its fundamentals.
Moreover, he said that the Constitution gave protection to the fundamental rights of the people and that the court was working for peace and stability in the society. He further said that the edifice of justice was sustaining through the cooperation between the bar and the bench.
He also expressed his concern over what he said were the falling standards of education in the country.
Chief Justice Iftikhar added that the law conference would also be beneficial for the resolution of various issues.
From CJ’s remarks on powers of judiciary, it appears that constitution created the judiciary to rule over Pakistan and all other organs of the state are answerable to it and should work according to the will and directions of the judiciary. It is superior even to the the Parliament which represents the people of Pakistan. On the other hand everything done by judiciary in legal and it is not responsible to any one. It now seems that we are now living under a judicial dictatorship..
Mr. Political Chief Justice, if you are really interested in executing justice to the down and trodden, un-educated, poor and broken; take note of the Christian girl of eleven years old, kept in jail for no legitimate reason. That is your constitutional function.
Lots of acts of injustice are being committed daily, why should CJ take notice of the ordeal of the christian girl. only and not of others. As CJ has full powers, he should direct the Executive that all such matters taking place any where in the country should be reported to him for speedy justice. Any dereliction by the Executive should entail severe punishment.
In democracy Judiciary is always independent otherwise it is not democracy. Incidentally Executive institution should also be equally independent
Judiciary also must not take steps for governance of the country. advise policy formulation and or call like PEMERA to regulate to curb obscenity even if the advise may be wise, and demanded under a petition. it should be avoided ( it will be interference on the area of executive institutions and deprive them their right to be independent to govern.) Mr. CJ your advise will be interpreted as the order of the court and not following your advise will tantamount to contempt of the court..( this should be applicable even if the ruling politicians/members are corrupt or incompetent)
You are telling CJ that he should take actions as per your understanding of the constitution. However as I understood him, he claims that constitution has empowered him to keep a watch on the other organs of the state and see that their conduct is upright, and as per the constitution. If it is not, they will be answerable to him. He can occasionally intervene and direct the functionaries to submit reports directly instead of their own superiors. IG of Balochistan was ordered more or less on these lines when CJ conducted proceedings on la wand order situation.
Since CJ knows better than we do, I think it can be suggested that he orders all the IG’s and Chief Secretaries of the procinces to consult him beforehand whenever they formulate any policy, or take important actions. The intent of the constitution will be best served in this manner. there will be good governance and the Nation will benefit…
I have not seen Chief Justice of a country who is so much in the Media, it looks like our CJ is more interested in lime light then to do the Job for which he is hired. Its better the Chief Justice keep the promises and deliver what he and his Lawyers brigade promised during Lawyers movement. Has the working condition of the courts improved? and the number of cases reduced? peopl got speedy justice?
CJ should worry about pressing issues like Shias, Hindus, Baluchs, Hazaras, Terrorism, Elecricity, Inflation, Education, etc etc etc instead of wasting time on politics.
JJudges work in courts. No court has jurisdiction except what has been given to it by the Constitution or law.There is no Article in the Constitution which confers the power to revoke any law.Under Article 184(3) the supreme Court can do what any High Court can do under Article 1999.Nothing more.
In Islamic Government– NO one is above the Law. TYHe Prophet [PBUH} said that previous nations were destroyed because there ‘was law for the rich and another law for the poor’–this was the meaning of his Hadith. ALL of the Europe AND USA are following this Islamic ruling. HOW about Pakistan learning Islam from the WEST– Learn the good Islamic things practiced from the West and NOT the bad!
judiciary should be independent but not one sided.
What happens to the independence of judiciaIndependence when corruption cases against Nawaz Sharif come up?
If you and army leave Democracy alone,it will do GREAT.You and army has destroyed the democracy.Dont try to misguide the the people,those who know the history of pakistan,they how sincere you and your judiciary is.
This is most honest comment I have seen sofar! Judiciary and army have been all together to destroy the whole country.
What the CJ says is just a legal common sense in a country, where the authorities in the diiferent institutions do just the opposite due to the partisan interests.
Well said and wewll done. There needs to be a check and balance on the Parliament and Supreme court is the logical organ to keep an eagle eye on it to ensuring thst the fundamental rightd of the citizen are protected.
From this statement one can infer that it is keen desire of the judiciary to usurp the legislative poweres of Parliament, and adsministrative powers of Executive. .
A parliament sub-servient to the judiciary is harmful for democracy
No doubt that the independent judiciery is impowered to overrun any law architected by the representatives of the masses but who would ensure that the driver of the system is impartial and beyond any doubt while his talented son is involved in highest amount of corruption.
We are sick of you… you have single handedly pushed Pakistan in the Hell. All the terrorists are free today, just because of you. All the instritutions are gonig through turmoil because of you.. You have ruined the day to day functioning of the state.. You have exloited the media like anything. You have created unprecedented unstability in Pakistan. You have played a major role in tarnishing the trust of Foriegn Investors and they have ran away… What are you?
We can’t tolerate you any more CJP, enough is enough….. You are the worst Justice and a worst person who has every been in the Government Office in the history of Pakistan…
That goes without saying.