Moral authority and trust strengths of judiciary: CJP
LAHORE: Chief Justice of Pakistan Tassaduq Husain Jillani has said the guarantees written in the Constitution are not enough to maintain judicial independence.
He says the preamble of the Constitution says there will be a system of governance in the country where the independence of judiciary shall be fully secured. “These textual guarantees are not enough to safeguard judicial independence,” he adds.
The CJP was addressing 32nd Roll Singing ceremony at the Lahore registry of the Supreme Court on Saturday where practice licenses were awarded to 82 advocates. Other judges of the SC and senior lawyers also attended the ceremony.
Justice Jillani said the judiciary had no arms to protect its independence or enforce its judgments. It had the moral authority and people’s confidence in the institution that not only ensured that judgments were complied with but also act as bulwark against any extra constitutional encroachment, he added.
He said judges, prosecutors and lawyers play a crucial role in ensuring peace and stability in society. “The lawyers are in the forefront in defending human rights and fundamental freedom in times of crisis,” he said.
The CJP said in the system of ‘trichotomy’ of power, the judiciary had a pivotal role to ensure that each organ of the state acted within the constitutional limits. Whenever an organ crossed that limit, the judiciary had to intervene, he added.
Discussing features of the democratic governance, Justice Jillani said democracy was not mere holding of periodic elections or the right to vote or freedom of speech and belief but it was a way of life.
He said the most basic office people hold in a democracy was that of being a citizen and this office had nothing to do with race, creed, or ethnicity.
He said people owed loyalty to the Constitution that made it binding for all to speak out and do not remain silent or passive in case of an assault on the core of values enshrined in the sacred document.
“There is an ongoing conflict between those who want to uphold those values and those who violate it in the name of their narrow and bigoted world view,” he said. “We should stand with those who defend these values. We either make history or we are victimised by it,” he added.
Greeting the new advocates of the SC, the CJP said it was both a day to rejoice for lawyers and a day of solemn reaffirmation to those ideals for which society respected them and honoured them.
He said the lawyers had a proud legacy which required that they should always endeavor to live up to the lofty traditions. He said the lawyers earned respect by assisting courts but this respect would be at risk if some of them refused to appear in courts or demonstrated disorderly behaviour.
“Your effort should always be to act in a manner which commands respect and inspires confidence in you,” Justice Jillani advised the young lawyers.