ISLAMABAD, April 25: Chief Justice of Pakistan (CJP) Iftikhar Mohammad Chaudhry on Wednesday said democracy depended on the courts as they enforced what the parliament intended – not what the executive desired.
Addressing a lawyers’ gathering at the oath-taking ceremony of the newly-elected office bearer of Islamabad High Court (IHC), the CJP said people of Pakistan were the custodian of constitution and in fact they created the constitution through their elected representatives.
“It is incumbent upon all and sundry to play his role in upholding the rule of law in the society. Bells of justice must ring without any discrimination whatsoever and everybody is to be dealt with in accordance with law,” he said and added “this is our commitment to the constitution and the rule of law”. He further said the establishment of IHC in 2007 was unconstitutional, therefore, the Supreme Court (SC) in its judgment of July 31, 2009 declared it illegal.
The parliament, however, realised the importance of the IHC and under the 18th amendment of the constitution reestablished it in a proper manner, he added.
CJP said the Islamabad judiciary should have suitable representation of Islamabad-based lawyers and expressed the hope that the bench and bar of the IHC would coordinate with each other to ensure the presence of local lawyers in it.
IHC Chief Justice Iqbal Hameedur Rehman in his brief speech said the rule of law must be protected at all cost and it is the responsibility of bench and the bar to ensure the rule of law and observance of the constitution in the country.
He said the IHC administration in a period of just over a year not only established different branches of the high court but also completed the initial induction of the lower judiciary and currently two district and sessions divisions were fully operational in the city.
The administration also succeeded in procuring land for IHC building at Constitution Avenue and very soon the construction of IHC complex would begin at the new location, he added.
Speaking at the occasion, the newly-elected president of IHC bar Syed Nayab Hassan Gardezi said that Islamabad Capital Territory (ICT) was under administrative control of the Lahore High Court (LHC) since 1970. He pointed out that still, there was not a single judge in the IHC or in the lower judiciary from the ICT adding that the other provinces never elevated the Islamabad-based lawyers in their respective high courts and it is ironical that the local lawyers have no representation in the judiciary which is exclusively meant for the ICT.
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