LAHORE, March 23: Chief Justice of Pakistan Iftikhar Mohammad Chaudhry said here on Thursday that the Supreme Court decided all matters on merit. “The impression that the Supreme Court has decided most of the political and constitutional cases in favour of the government is baseless because it is the issue, not individuals or the government, which is always important for the highest judicial forum of the country,” he told a ceremony at which the golden jubilee ceremonies of the Supreme Court were launched in collaboration with the SCBA.

Justice Chaudhry observed that political disputes had to be resolved politically and the indulgence of the judiciary in such matters should have been avoided.

He said the history of the superior judiciary was replete with instances that a certain section of the people had not liked some SC decisions. But, it did not mean the apex court had failed. It respected dissent and benefited from it in setting its constitutional and legal parameters right, he added.

About the establishment of Supreme Court under the 1956 constitution, he said the day when Pakistan transformed into a republic was a great day.

He said it is because of the significance of Lahore that the Supreme Court decided to shift most of its jubilee functions to the historic city where the aspirations of the Muslims of India were realised.

Justice Chaudhry was happy at the cooperation extended by the Supreme Court Bar Association in celebrating the golden jubilee saying that it would go a long way in making the bench-bar relationship strong and cordial.

SCBA president Malik Mohammad Qayyum said certain decisions of the highest court in the past had weakened the country democratically and politically. The superior judiciary had been under tremendous pressure, particularly during the military regimes, and Pakistan was perhaps the only country in the world where the people had suffered during four martial law regimes. The judicial history was also witness to the fact that military dictators intimidated judges. This was also one of the distinguished countries where the ‘doctrine of necessity’ was excessively used by the apex court in lending legitimacy to the usurpers and adding to the frailty of the already weak political structure of the country.

Malik Qayyum said the time had come that the judiciary should shun the past and open a new chapter of judicial dispensation for the protection and well being of the people.

He said the impression that the superior judiciary always had a tilt towards the government in dealing with political and constitutional cases was not ill founded. However, it was also correct that most of the common cases were decided on merit.

He said the Supreme Court was also obliged to review the Civil Procedure Code and the Criminal Procedure Code to change legal procedures according to the modern day requirements. Both the laws were 200 years old and needed a thorough revision. The Indian judiciary had taken lead in redressing grievances in cases of social importance. The superior courts of Pakistan should also follow the example to take corrective measures in problems like environment, traffic hazards and the closure of public thoroughfares during the VIPs’ visits.

PLAQUE: Later in the afternoon, the chief justice unveiled a plaque on the LHC premises inscribed with names of some of the pioneers in the top judiciary. They include Chief Justice Mohammad Munir, Justice Shahabuddin, Justice Arthur R. Cornelius, Justice Mohammad Sharif, Justice Amiruddin Ahmad and Justice S. A. Rehman.