PESHAWAR, July 30: A senior judge of Peshawar High Court Justice Dost Mohammad Khan said here on Saturday that superior judiciary had the right to interpret constitution and it was binding on the government and all state institutions to follow that interpretation.“The superior courts are empowered under Article 184 and 199 of the Constitution to keep an eye on the government and state institutions so that they shall not violate the constitution and law and in case of any violation to make them accountable and to declare that violation unconstitutional,” he told an oath taking ceremony of newly enrolled lawyers.

The ceremony was also attended by Khyber Pakhtunkhwa Advocate General Asadullah Khan Chamkani, members of Provincial Bar Council and senior lawyers.

The senior judge said that government should make legislation for simplifying the cases related to family matters so that those disputes could be resolved on local level through reconciliation committees. He added that such legislation by parliament and provincial assemblies would help to reduce burden on courts.

Justice Dost Mohammad said that Constitution had explained the powers of legislature, executive and the judiciary. He added that superior courts had to safeguard fundamental rights of citizens that were enshrined in Constitution. “If any government department violates the fundamental rights of people the courts have the power to restrain it from doing so,” he said.

He said that under the Constitution any order issued by the superior courts was binding on the government and other institutions and if any one of them violated it or refused to obey the same it amounted to contempt of court and the courts had powers to punish such violators.

Justice Dost Mohammad, who is also chairman of the enrollment committee of the high court, recalled that lawyers, judges and other segments of society rendered sacrifices during the movement for restoration of judiciary. He said that the movement was unmatched in the history of the country.

The senior judge observed that after restoration of the independent judiciary it had delivered several important and historical judgments. He added that the judgment delivered on July 31, 2009, through which the emergency imposed by Pervez Musharraf was declared unconstitutional, was a historical verdict that would help in development of democracy and blocking of any future military rule in the country. He added that the said judgment would prove to be a great asset for the country.