KARACHI, May 14: Chief Justice of Pakistan Iftikhar Muhammad Choudhry has said that the high courts and the Supreme Court are aware of their responsibilities and know how to protect and defend the Constitution.
Speaking as the chief guest at a dinner hosted in his honour by the Supreme Court Bar Association as part of golden jubilee celebrations of the apex court on Saturday night, he said that fundamental rights of the citizens would be protected as ensured in the law of the land.
Saving the fundamental rights of citizen has been the tradition of Supreme Court from 1968 onwards and it would continue to see that constitutional guarantees were not being infringed upon, he said.
About criticism of the apex court in respect of controversial judgments like Moulvi Tameezuddin Khan case, he said: “The past is past and we as a nation would look forward to a bright future.” The provincial and federal governments, Senate and Supreme Court were functioning to the fullest and particularly Supreme Court was functioning without any fear or interference, he said.
Regarding the issue of self-exiled politicians and forthcoming elections, the chief justice said that cases of exiled heads of three political parties were not before the apex court and similarly no order or judgment could be given in case of a distant possibility. “What happened today could be the subject matter of a case before the court which would be adjudged on its merits,” he added.
Referring to the issue of appointment of judges on ad hoc basis and vacancies in SHC, the chief justice said that ad hoc appointments were made in addition to sanctioned strength so that backlog of cases could be cleared. He said vacancies in high court would be soon filled as an exercise was already underway.
In response to issue of judicial activism, he said that the Supreme Court was just pointing out to the concerned officials that where they were not performing duty and discharging responsibilities entrusted to them. The mere notice of a case or issue brought relief to the victim or needy, he said. He praised the media for the cooperation extended and for highlighting various issues confronting the poor people who had no access to judicial system.
Lauding the cooperation and efforts by the SCBA and the SHCBA in arranging different events, Iftikhar Choudhry said that golden jubilee celebrations were aimed at bringing the bar and the bench close to each other.
The Chief Justice of Sindh High Court, Justice Sabihuddin Ahmed, asked the lawyers to actively contribute towards public interest litigations by rendering professional service to litigants.
SCBA President Malik Muhammad Qayyum, earlier in his address, raised a number of issues including forthcoming general elections, two different age limits (tenure) of judges in case of Sindh High Court and Supreme Court.He maintained that ‘Access to Justice Programme’ lacked transparency and the bar associations were treated indifferently in construction of judicial complexes at district level. There was no provision of bar rooms in these complexes, he added.
He lauded the cooperation by the Chief Justice of Pakistan and said that 90 to 95 per cent of demands by the associations had been met by the chief justice. He cited a number of landmark judgments by the Supreme Court over the past 50 years and said that if political cases and judgments therein were separated, the role of apex court was impressive and commendable..—APP