HYDERABAD, Dec 9: Supreme Court Chief Justice Iftikhar Mohammad Chaudhry has said that his departure on completion of term will not make any difference as all the present judges are heroes and they can be tested anytime. “Nobody will be able to take on the judiciary,” he said, while speaking at the farewell dinner hosted in his honour by the High Court Bar Association (HCBA), Hyderabad, on Sunday night. SC judges including Justice Anwar Zaheer Jamali and Justice Amir Hani Muslim and Sindh High Court Chief Justice Maqbool Baqar were present.

Chief Justice Chaudhry said: “It doesn’t make a difference after I leave. They [brother judges] are heroes and they can be tested and, God willing, I will also see it. They have already been tested.” He lauded efforts of high court judges, saying they faced pressure. He said they lacked resources but never compromised on principles. “Look at Justice Maqbool Baqar. He is apparently weak and humble but he is as stready as a rock. He depends on his pen and has already gone through difficult times you all know,” he said.

The chief justice attributed judicial reforms to lawyers’ struggle. “Bars need to be strong. If they are strong, the judiciary will get stronger,” he said.

“You [lawyers] have brought real change in society although you didn’t have power of governance as you had pen. You have to follow law and the constitution while deciding cases and should not be influenced by someone’s status,” he said.

He said that seven judges opposed martial law on Nov 3, 2007 for the first time which had never been done in the past. He said that people who took the March 9, 2007 action were not aware of lawyers’ strength.

Chief Justice Chaudhry got nostalgic during his speech when he recalled his April 15, 2007 visit to civil courts of Hyderabad after being rendered dysfunctional through the March 9, 2007 executive order.

He said he had started his just struggle from Hyderabad and now nearing the completion of his tenure, adding that lawyers from this city had fully supported his stand. He said lawyers would have to continue the struggle to reach the destination. “This destination or goal is that everyone, be it poor or rich, is treated equally and there is no discrimination,” he said.

He referred to the Manchhar lake case, and said he was thankful to the Sindh chief minister for doing some work for the people whose livelihood depended on the lake.

He regretted the poor state of education in the country and said this had forced the judiciary to ask its officers to visit schools to ascertain facts. They found that education was not getting due attention by the government. “Children are being imparted education under open sky be it cold or scorching heat,” he observed. Even in Islamabad, schools’ premises were occupied but the government did nothing to retrieve them, he said.

Karachi peace and missing persons cases

The chief justice that in the Karachi law and order case, no distinction was made on any ground and everything that was unlawful was condemned. “Today, action is being taken in Karachi by the executive which means that the apex court’s judgement regarding protection of life of people is being implemented,” he noted.

About missing persons case, he said it had been pending since 2005. The apex court got many of the missing people recovered.

Referring to the SC directions on the local government elections, he said that “if today the LG elections are held, it shows enforcement of the writ of the constitution regardless of the fact that some are happy and some are not”.

He said that if the constitution was not followed, then people would have to bear the consequences.

Making some observations, Justice Chaudhry said: “Rulers get worried when a third force intervenes to tell them they (rulers) are not suitable for governance”. He said if constitution was followed, this would ensure peace, a strong judiciary and investments.

Constitutional provisions have to be enforced by the executive, which has resources. “No leniency will be shown to the executive if it didn’t implement [constitutional] Articles. Judges hand down judgements, which are to be implemented by the executive,” he stressed.

The chief justice said he did whatever was possible on his part.

Sindh High Court Chief Justice Maqbool Baqar paid tribute to the outgoing SC chief justice.

He said that the CJP’s contribution towards the rule of law, supremacy of the constitution and strengthening of democracy in this country was well pronounced that it hardly needed any reiteration.

He observed that the CJP tenure witnessed an extraordinary chapter in the history of the country.

Justice Baqar pointed out that the International Commission of Jurists recently described Pakistan’s judiciary as “transformed into a robust institution capable of exercising its powers independently and impartially, safeguarding constitution and acting as a check on powers of other institutions of the state”.

Hyderabad HCBA president Nisar Durrani and general secretary Ayaz Tunio also spoke.