LAHORE: Former Supreme Court Bar Association president Hamid Khan defends judicial activism by saying the judiciary has to take the step to check transgression of state organs.

Speaking at a discussion at the Minhaj University’s School of Sciences here on Sunday, he said there are three pillars of state: Parliament, Bureaucracy and Judiciary. To achieve political, democratic, economic stability and developmental goals of state, all these three pillars should have to be on the same page.

He argued that if all institutes and organs of state work within their constitutional jurisdiction, the need of judicial activism would never arise.

He said judicial activism and democracy complement each other as judiciary cannot work impartially under dictators.

Saying that judicial review gives birth to judicial activism, he said the activism reached Pakistan through America and India.

In Pakistan, judicial activism was initiated by former chief justice Iftikhar Mohammad Chaudhry and reached its heights under Mian Saqib Nisar.

The noted lawyer said if judicial activism is aimed at giving relief to the masses, then its role is positive but if it is meant to pass certain judgments with a specific agenda, then it’s a useless tool.

He said the job of the judiciary is not just giving judgments but to act as a custodian of the constitution and ensure its implementation.

Published in Dawn, April 29th, 2019