No more validation of martial laws, reiterates CJP

Published April 6, 2018
CHIEF Justice of Pakistan Mian Saqib Nisar
CHIEF Justice of Pakistan Mian Saqib Nisar

ISLAMABAD: Chief Justice of Pakistan Mian Saqib Nisar has again brushed aside rumours about the imposition of any kind of martial law in the country and vowed not to endorse any such undemocratic action.

Speaking at a ceremony held to name the auditorium of the Supreme Court Bar Association after the late human rights activist Asma Jahangir here on Thursday, the chief justice also stated that if there was no provision of postponing the general elections in the country’s Constitution, then the polls would never be delayed.

“There is no room for martial law in the Constitution. If I have strength, I will suspend it even if I am alone. And if I can’t do it, then I will go home, but will never endorse it,” the chief justice said.

“The time has passed now. We cannot continue to hold our posts with this filth on our faces and foreheads. We will go back to home,” Justice Nisar said, in an apparent reference to the past acts of the Supreme Court judges validating military takeovers and taking the oath under Provisional Constitution Orders (PCOs).

Rules out possibility of delay in elections, pays tribute to Asma Jahangir

He said everything was clearly mentioned in the Constitution and as far as he was there as the chief justice, no step could be taken which was not there in the Constitution. “The office of the chief justice is a trust entrusted upon him by the Constitution and the people. And I will never breach this trust,” he added.

“There will only be democracy, democracy and democracy and constitutional rule in this country,” the chief justice declared categorically, assuring the nation that the judges would protect the Constitution.

“Not even a single word of the Constitution will be compromised. This is my promise to the nation,” he said.

He mocked the talk about imposition of “judicial martial law” or “judicial takeover” and termed such thinking nonsense, saying that he could only laugh at such things. He warned that such rumours were being spread in the country “under some design or a plan”. He asked the lawyers to “deprecate” such moves and inform the people about such designs. The chief justice paid tribute to Asma Jahangir for her humanitarian efforts and said that he used to consider her a sister. While terming her a “fearless” woman, he said it would be a long time before someone could fill her shoes.

Interior Minister Ahsan Iqbal, through his official social media account on Twitter, reacted to the chief justice’s remarks, stating: “When was martial law stopped by any court decree? It sends judges home anyway.”

He was of the view that “when judicial actions weaken the democratic process then the way is paved for direct or indirect martial law”.

Published in Dawn, April 6th, 2018

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