ISLAMABAD: Chief Justice Iftikhar Mohammad Chaudhry on Saturday reminded the superior judiciary of its duty to nullify actions in conflict with the law or the Constitution whenever the matter came before it for review.

‘There must be scrupulous adherence to constitutionalism and full compliance with the norms and principles laid down by this fundamental document,’ the chief justice observed while opening a two-day conference on implementation of the national judicial policy here at the Supreme Court building.

The Supreme Court organised the conference to educate stakeholders on the recently implemented national judicial policy and to ascertain feedback for putting the justice system on the right track.

The conference is being attended by judges of the Supreme Court, chief justices and puisne judges of the high courts, attorney-general of Pakistan, federal law/finance secretaries, advocates-general, chief secretaries, provincial law and home secretaries, prosecutors-general, inspectors-general of police, inspectors-general of prisons, representatives of the bar, district and sessions judges and presiding officers of special courts and tribunals and representatives of civil society.

During the conference, absence of Supreme Court Bar Association’s President Ali Ahmed Kurd and Aitzaz Ahsan, who had spearheaded the movement for independence of judiciary, was badly felt.

Although some participants said it was not the job of the judiciary to make rules, generally the move was appreciated.

‘It is a great promise for the people if the judiciary becomes defiant,’ said Dr Arfia Syed Zohra, a civil society representative, adding this document had made her happy and efforts should be made to turn its words into action.

Prime Minister Yousuf Raza Gillani also praised the judicial policy in a statement and assured the judiciary of cooperation for upholding the supremacy of the rule of law and ensuring the independence of judiciary.

In line with the policy, the government has immediately repatriated judicial officers working on deputation on executive posts and introduction of evening courts is likely to further augment the efficiency of the judiciary.

In his opening address at the conference, the chief justice said that independent and impartial administration of justice contributes to strengthening constitutional norms and the rule of law in society, adding that the principle of the rule of law, as universally accepted, is a civilised principle of governance.

‘Therefore, an efficient judiciary contributes towards strengthening state institutions and this is possible only when state organs and institutions perform functions by remaining within their allotted spheres,’ the chief justice observed.
 
‘Good governance leads to economic development and social progress and helps in generating trade and commercial activities and investment opportunities and constitution is the binding force for keeping the nation together, united and marching on the path of progress.’
 
‘If we look at the history of the developed nations, we find that the secret of their success is adherence to the constitution, rule of law and a system of government which provides good governance and strong administration,’ the chief justice said.

Referring to vacancies in special courts, the chief justice cited the example of banking courts where 50 per cent of posts were still lying vacant when there was pendency of over 50,000 cases, while two-thirds posts were vacant in the Income Tax Appellate Tribunal with 4000 cases pending.

Likewise, he said, in the Federal Service Tribunal (FST) more than a third of posts were vacant with 7000 cases in pending.

‘All in all as against 127 sanctioned posts of presiding officers in special courts/tribunals, only 65 are filled and 62 still lying vacant. Currently a total of 80,000 cases are lying pending in such fora.’

‘Therefore, the government needs to act and move urgently to fill the vacant posts so that relief is given to this segment of population whose cases are pending.’
 
He, however, stressed that despite problems and difficulties, with earnest efforts and dedicated service, the judiciary could deliver.

‘The people of Pakistan look forward to us for relief and succour. They have confidence in us and have great expectations from us that we will come to their rescue when their rights are violated or their entitlements snatched from them,’ he said.

While presiding over one of the sessions, Justice Khalilur Rehman Ramday emphasised the need not to follow any role model as the nation had already experienced travails without an independent judiciary, adding that no judge in any part of the world worked so hard as in Pakistan.