ISLAMABAD: Chief Justice Anwar Zaheer Jamali observed on Monday that intrusion or encroachment into the domain of others by any institution not only harmed the cherished concept of democracy but also adversely affected welfare and wellbeing of the people.

“Social development, prosperity and strengthening of democracy in any society depends on complete justice, independent judiciary, peace and rule of law,” the chief justice said while speaking at a full court reference held in the Supreme Court in honour of Justice Sarmad Jalal Osmany on reaching superannuation.

“But these cherished goals can be achieved only if all institutions of the state function with dedication and devotion and respect the bounds and confines as prescribed by the constitution and the law,” the chief justice said.

Chief Justice Jamali, Attorney General Salman Aslam Butt and Chairman of the Executive Committee of Pakistan Bar Council Ahsan Bhoon eulogised the services of the outgoing judge.

Justice Sarmad Jalal Osmany and incumbent Chief Justice Anwar Zaheer Jamali joined the Sindh High Court as judges on the same day in 1998.

Justice Osmany was elevated to the Supreme Court in 2008 on the recommendations of Justice Abdul Hameed Dogar who was appointed the chief justice by then president Pervez Musharraf during the Nov 3, 2007, emergency.

But Justice Osmany was sent back to the SHC because he was a signatory to the landmark judgment of July 31, 2009, under which the Nov3 emergency was declared unconstitutional. But he was again elevated to the Supreme Court and remained its judge till his retirement on Monday.

The constitution, Chief Justice Jamali said at the full court reference, stipulated a clear rule and stated goals to uphold the supremacy of the constitution by dividing the sphere and bounds of each organ of the state – legislative, executive and judiciary – within which these institutions should function.

The constitution, he said, had bestowed upon the judiciary the tedious task of protecting the fundamental rights of citizens. That is the reason the judiciary has been made independent of other organs of the state under the constitution which also lays great emphasis to ensure independence of the judiciary because only an independent and well-organised judiciary breeds confidence in the public and nurtures social justice and rule of law.

“This is a universal truth that only justice can ensure unity and integration in the country and that is the reason why the judiciary is always considered to be the ultimate adjudicator in case of dispute between any organ and the institution of the state,” the chief justice said.

That is why, he added, the judiciary always tried to decide issues in the best interest of the people in accordance with the constitution and the law of the times to achieve the goal of an egalitarian society by discouraging unconstitutional steps, promoting peace and strengthening democracy.

Earlier, Justice Osmany regretted that “our beloved country stands at a crossroad because on the one hand we are battling the forces of ignorance and bigotry and on the other trying to pull ourselves out of poverty and debt”.

“Now is the time to unite, to forget our infighting, to stop blaming others for our woes and to gather all our energies and direct them towards building our nation and country,” he said.

Justice Osmany said the judicial office was an office of trust and as judges “we have taken oath to protect the constitution and to be fair with all manner of men and to decide disputes brought before the court in accordance with the law and our conscience”.

“In fact each and every one of us is a trust unto himself or herself insofar as our dealings with other people are concerned,” he said, adding that if all of “us realise this universal truth perhaps this will be a perfect world, but then we are after all human beings and not angels”.

Consequently, he said, the real test of “our lives is our behaviour and our dealings with others, our parents, our siblings, our spouses and children, our relatives, our neighbours, our friends and the common man in the street”.

Published in Dawn, October 13th, 2015

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