WASHINGTON Deposed Chief Justice Iftikhar Mohammad Chaudhry has defended judicial activism, saying that courts have a duty to protect the fundamental rights of a citizen and keep the government within parameters of the Constitution.

Addressing a gathering at the law school of the Georgetown University in Washington on Tuesday, Justice Chaudhry said the Constitution of Pakistan allowed superior courts to take suo moto actions whenever necessary.

“In the case of Supreme Court, there is not even a need for an application by an aggrieved person,” he said.
“The Supreme Court may take up a matter suo moto provided that it feels that a question of public importance relating to the enforcement of fundamental rights is involved.”

Justice Chaudhry noted that on November 3, 2007, the then president had abrogated the Constitution and declared a selective martial law against the judiciary and the media.

He said his struggle was not aimed at getting himself reinstated but for restoring judicial independence.
Justice Chaudhry said that no judge would have the confidence to take independent decisions if the November 3 action was not reversed.

After his address, Justice Chaudhry presented copies of some of his judgments in suo moto cases to the law faculty to demonstrate that all such decisions had been taken in public interest.

These included halting the exploitation of children, suspending marriage-ban on nurses and air-hostesses, staying public hangings, restraining the dumping of factory waste into rivers, stopping appointments in violation of recruitment rules, regulating traffic pollution, restraining deforestation and conversion of public parks and schools into commercial ventures and ordering the release of persons detained without formal order or charge.

Justice Chaudhry also highlighted the measures he took to stop the practice of `swara` and `vanni,` which allowed tribal jirgas to use girls as compensation in blood feuds.

The students were also shown a documentary prepared by a Samar Minnllah on the issue.

Earlier, Justice Chaudhry visited the US Supreme Court, where a senior judge Steven Briar welcomed him and told him that he still regarded him as the chief justice of Pakistan.