ISLAMABAD, Dec 11: How the Supreme Court will function now that Justice Iftikhar Muhammad Chaudhry has doffed his robes. This is the concern being expressed extensively these days and which CJP-designate Tassaduq Hussain Jillani tried to dispel on Wednesday.

“There is a need to reconsider and determine the limits and contours of jurisdiction under Article 184(3) of the Constitution with a view to discouraging frivolous petitions and preventing the misuse of jurisdiction by vested interests,” Justice Jillani said, which many believe is the future roadmap.

Justice Jillani was speaking at a full-court reference held in honour of the outgoing chief justice in a packed to capacity Courtroom-1 which was also witnessed by members of Justice Chaudhry’s family, including his son Dr Arsalan Iftikhar.

Attorney General Muneer A. Malik, Vice-President of the Pakistan Bar Council Qalbe Hassan and President of the Supreme Court Bar Association Kamran Murtaza praised the role played by the outgoing chief justice and said he would stand up for his pro-active commitment to securing and realising fundamental rights guaranteed in the constitution.

Justice Jillani candidly conceded that there was a perception shared by many that the thin line of distinction between the requirements of Article 199 and Article 184(3) was being blurred. Article 199 speaks about the jurisdiction of the high courts whereas under Article 184(3) the Supreme Court enforces and checks violation of fundamental rights.

“I believe that good governance and the rule of law have a symbiotic relationship. Good governance is not possible without the enforcement of rule of law in which every organ and institution of the state, including the court, has a role to play within the parameters of its authority spelt out in the constitution and law,” Justice Jillani emphasised.

He observed that on account of its mandate under Articles 184(3) and 187 of the Constitution, the apex court might be called upon to fill the gaps between the law and social dynamics, but while doing so the court had to defer to an equally important constitutional value of the trichotomy of powers as also the canons of fair trial, particularly in view of Article 10A (fair trial).

To substantiate this, he cited a quote from US Supreme Court judge Justice Robert H. Jackson — “We are not final because we are infallible, but we are infallible only because we are final.”

Recollecting the events of March 9, 2007, when Chief Justice Iftikhar Chaudhry was deposed by then president Gen Pervez Musharraf, Justice Jillani said the court was then infused with a strong determination to abide by the mandate of its oath to “preserve, protect and defend the constitution”.

“The restoration of the chief justice on July 17, 2007, was not glorification or reinstatement of an individual but rather a vindication of judges’ sacred oath of office. This spirit, this resolve and determination to abide by the terms of oath will continue to inspire us for the times to come and shall survive the retirement of the chief justice,” he said.

Eulogising the services rendered by the outgoing chief justice, Justice Jillani said he had forced “us to rethink and re-evaluate the fundamental questions regarding constitutionalism, law and judicial role and its relationship with the state, society and individuals”.

In his parting speech, Chief Justice Iftikhar Chaudhry regretted that the public administration was far from perfect and an unfortunate truth about the country was that “we are replete with regulation with little emphasis on implementation”.

“A large number of voluminous rules and regulations exist to protect the life, liberty and property of the people. However, it seems that there is apathy with regard to implementation of these regulations. The state is mandated to ensure that these laws, rules and regulations are enforced,” he said.

He suggested that the Supreme Court should continue to focus on white collar crime, particularly the malevolent species of crime. “Its effects are wide-ranging and affect the public at large because of the billions that are sapped from the national exchequer,” he said, adding that the elite class had seen fit to devour the meagre resources of “our poverty-stricken country to meet their own ends”.

“The governments come and go, but corruption is the one constant that not only remains but increases in magnitude,” the outgoing chief justice said, adding that democracy was impossible without free and fair elections all the way from the local government to the national level.