ISLAMABAD: Chief Justice Nasir-ul-Mulk categorically stated on Monday that the judiciary would not only preserve its fidelity to the Constitution but would ensure that such loyalty was also observed by all other functionaries of the state.

But, the chief justice emphasised that under no circumstances should it be assumed that rights under the Constitution were absolute and said they remained subject to reasonable qualification and restrictions.

The chief justice was speaking at the opening of the judicial year 2014-15 held at the Supreme Court to take stock of performance of the past year and formulate policies for advancing the cause of justice and protecting the rights of people.

Attorney General Salman Aslam Butt, Vice Chairman of the Pakistan Bar Council (PBC) Ramzan Chaudhry and President of the Supreme Court Bar Association (SCBA) Kamran Murtaza also spoke on the occasion.

The primary obligation of every judge is to “preserve, protect and defend the Constitution”, the chief justice said, adding that this duty ought to be taken “without fear or favour, affection or ill-will”.

No consideration or obligation can rise above the loyalty of the judges to both the text and spirit of the Constitution. The chief justice said that the judges did not merely interpret the words of the Constitution but also had the duty to preserve and protect it against any move designed to defeat the scheme of the Constitution.

Justice Nasir-ul-Mulk said progress, security and development could not take place in the absence of safeguards provided in the Constitution. No society can survive in a constitutional vacuum where fundamental rights of the people are not guaranteed or protected.

Restrictions by the state functionaries on the freedoms of the people are open and subject to judicial review, which tests the restrictions so imposed upon the bar of constitutionality. Under no circumstances should it be assumed that rights granted under the Constitution are absolute as they remain subject to reasonable qualification and restrictions.

Rights and duties are like two sides of the coin; one cannot exist without the other. It should be borne in mind that rights are to be exercised keeping in view the corresponding duties. It is the task of the judiciary to ensure that rights in a democratic society are balanced with counter-imposed duties. Judiciary, the chief justice said, had to play a progressive role in the creation of such a peaceful society by endeavouring to promote adherence to the Constitution.

“We are endeavouring to deliver inexpensive, speedy and impartial justice to fulfil the trust reposed by people of Pakistan in the judiciary. Rule of law can only prevail in our country, when judiciary remains faithful to the dictates of the Constitution.”

Earlier, PBC Vice Chairman Ramzan Chaudhry referred to the current political impasse which had endangered the political and democratic system of the country. It is a matter of great disappointment that the political forces have failed to resolve the stalemate politically; instead some people have approached the apex court for resolving it.

“We are of the firm belief that the political issues are better resolved by political forces themselves through meaningful dialogue at political forums while remaining within the constitutional framework, instead of involving the judiciary in such matters,” he said. Mr Chaudhry expressed the hope that the judiciary would distance itself from political issues while maintaining its independence and neutrality.

Referreing to the allegations levelled against the members of subordinate judiciary in the last general elections, he requested the Supreme Court to be careful and ensure that at least the judiciary might not be targeted in future if engaged for such duties.

SCBA President Kamran Murtaza said the nation was facing many challenges. The state has to restore its writ in many parts of the country, a military operation is going on and as a result a large number of people have been displaced. Besides the issues of target killings, missing persons, the law and order situation, allegations of rigging in elections, non-registration of cases like the Lahore’s Model Town incident and even recent floods have disturbed everybody. “For smooth and successful functioning of the constitutional institutions in accordance with the aspirations of the people and in the interest of the country, it is absolutely imperative that each of us must remain within the prescribed limits and in no way try to overstep the domain of others,” he said.

Published in Dawn, September 9th, 2014