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March 01, 2008 Saturday Safar 22, 1429





KARACHI: Continuity of legal order stressed



By Shujaat Ali Khan


KARACHI, Feb 29: Chief Justice Abdul Hameed Dogar of the Supreme Court emphasised on Friday continuity of the legal order as the sheet anchor of a democratic polity.

“There are no two opinions that the judiciary is to be independent and must function without fear or favour. At the same time, all the stakeholders should keep the national interest supreme to avoid disruption of the legal order. The constitutional and judicial history of the country is too chequered and it is now for us to either cause further erosion or promote smooth transition and encourage democratic norms,” he told a gathering of superior court judges and lawyers at the launch of Justice Khalid Ali Z. Qazi’s new book, ‘Rendezvous with Law: A Judge’s Reflection’.

The function was organised by the Pakistan Academy of Jurists headed by former Sindh High Court Bar Association president Abrar Hasan at a local hotel. It was also addressed by caretaker federal communications minister Prof Habibur Rehman, provincial governor Dr Ishratul Ibad Khan, Advocate-General Dr M. Farogh Naseem, and the author.

Noting that Justice Qazi has already written three books, the CJ said his elevation to the bench was ample acknowledgment and recognition of his dedicated service to the cause of law and legal profession. A person who chooses to be a judge must be alive to the high demands and expectations of the job. Doing justice is not a routine affair but an arduous task.

It is a highly respectable office but it carries no pomp and show. Individuals desirous of pomp should better choose some other calling or profession. A judge has to sacrifice many things, such as his social life and personal interests, in order to discharge his functions properly, the CJ added.

Dr Ishratul Ibad said a book is the best gift an individual can give to society. Justice Qazi has shared his experiences with his readers. The book confirms his passion for law and should be of great interest to the profession of law.

Advocate Abrar Hasan said Pakistan being a common law country, superior court judgments carried great significance in comprehending its law and rules.

He proposed interpretation of law should be taught as a subject in all law courses. The book can help law students understand the principles of interpretation. He described Justice Qazi’s recent judgment in a copyrights case as ‘a masterpiece’.

Advocate-General Dr Farogh Naseem said the book contained judgments in every field of law. He said jurisdiction is conferred on courts by law and the Constitution and it should be exercised in order to maintain continuity of the legal order. Quoting jurist Dieter Conard, he said legal continuity alone can ensure the survival of a polity. Institutions rest on rules and the judiciary’s powers were intact under its legal framework, according to the AG.

Justice Qazi said the book brings together a vast array of case law developed in cases in which he appeared as a lawyer over a 20-year-long period. He said the independence and integrity of the judiciary was intact and he would strive along with his brother judges to ensure that it remained so.






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