April 30, 2006	Sunday	Rabi-us-Sani 1, 1427

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ISLAMABAD, April 29: Chief Justice Iftikhar Mohammad Chaudhry said on Saturday that judgments of the Supreme Court had always helped revive democracy in the country.

“Political cases, especially those relating to the dissolution of the assemblies, are always adjudicated on merit because judiciary in Pakistan is completely independent,” the CJ said during a question and answer session after a delegation comprising participants of the National Defence Course 2005-6 of the National Defence College called on him at the Supreme Court committee room.

Strongly dispelling the impression that courts were not independent in the country, he quoted the Supreme Court’s judgment in Syed Zafar Ali Shah case in which it had granted three-year time to the military government to revert to democracy after holding general election within a specified period.

The military government conducted the election within the stipulated time in compliance with the court order and thus democracy returned to the country, the CJ observed.

He also cited the first dismissal of Nawaz Sharif government in 1993, which was restored by the apex court. After former prime minister Benazir Bhutto’s dismissal, a strong case was not made out, that was why her government was not restored, the CJ observed.

Similarly, in 1988, the dismissal of the government of late prime minister Mohammad Khan Junejo was declared unconstitutional by the judiciary but it was not restored because fresh elections had been announced by then and the nation had already prepared for polls, he said.

While addressing the delegates, the CJ gave a brief account of the system of administration of justice, functioning of the courts and the role assigned to the superior judiciary in interpreting the constitution and the law.

Under the constitution, he said, it was the duty of the courts, particularly the Supreme Court, to ensure compliance with the letter and spirit of the constitution.

The constitution envisaged the system of governance to be based on rule of law, he said. Every one, no matter how high in status or power, was equal before the law; so there must be equality of rights and opportunity and equality before law, he said.

The constitution guaranteed fundamental rights and freedoms, he said. Those rights were equally and evenly available to all and were binding and enforceable. They had to be respected and obeyed by all and sundry.

He stated that the benefits of law must reach the common man, in particular the poor, downtrodden and under-privileged. A society based on rule of law prompted its citizen to remain loyal and keep vigil to protect and serve the nation.

As the CJ, he said, he always endeavoured to ensure that every act and every action, whether it was of the legislature, executive or the judiciary, was fully in accord with the requirements of law and the constitution, which cast this responsibility on the Supreme Court.

He said it was the duty of superior courts to ensure that there was no violation, and, if there was any, to grant immediate relief to the person aggrieved. This was why the constitution provided for the power of high courts and the Supreme Court to issue writs of different nature.

The delegation comprised 12 faculty members and 73 participants of the rank of brigadier and equivalent. National Defence Wing Chief Instructor Air Vice-Marshal Faaiz Amir led the delegation.