KARACHI, Dec 2: Chief Justice Iftikhar Mohammad Chaudhry has said a judge has to apply his intelligence for dispensation of justice when there is a loophole in law.

Justice Chaudhry made the observation while repeating the words of Justice Tassaduq Hussain Jilani’s thought-provoking article read out by Justice Asif Saeed Khosa on ‘Judicial independence’.

He was speaking at the launch of ‘Law in a World of Change’, a compilation of essays about the late Justice Sabihuddin Ahmed. The ceremony was held under the auspices of Justice Sabihuddin Ahmad Memorial Committee in collaboration with the Oxford University Press at its head office on Saturday.

Justice Chaudhry profusely quoted from the articles in the book and said “law should be an instrument (of justice) for the marginalised and downtrodden sections of society which he had consistently advocated through his judgments.”

He said: “His unflinching commitment to the rule of law left no room for caprice or whimsical decision-making by the repositories of public power and had profound regard and respect for the democratic process and legislative enactments as well as binding judicial precedents.”

The chief justice said that Justice Sabihuddin had left a profound imprint on jurisprudence of this country and also advanced the march for much-needed legal academic discussion and debates, covering issues like independence of judiciary, doctrine of basic structure under constitution of Pakistan, post-2007 transition and future course of the Supreme Court of Pakistan, dawn of constitutionalism in Pakistan, reformatory concept of punishment in the administration of justice and judicial activism and restraint.

Earlier, Chief Justice Sindh High Court Justice Musheer Alam likened in his address Justice Sabihuddin to a candle which not only gave off light but also helped light other candles.

He quoted a statement which Justice Sabihuddin had dictated him on Aug 12, 2008 pointing out that there was no truth in reports regarding his resignation over restoration of Justice Zaheer Jamali as Chief Justice of Sindh High Court because of being the senior most.

Supreme Court Justice Asif Saeed Khosa and Justice Tassaduq Hussain Jilani paid tributes to Justice Sabihuddin’s contribution to the cause of justice.

Ameena Saiyid, chief of the Oxford University Press, presented welcome address on behalf of the memorial committee, senior lawyer Munir Malik, lifelong friend and partner in the law firm, highlighted Justice Sabihuddin’s commitment to the law, principles and humanity.

Sana Ahmed, his daughter, recalled that his father had always laid emphasis on good education and taught them that rights came with responsibility.

The ceremony was attended by a galaxy of sitting and retired judges of the Supreme Court and Sindh High Court, eminent members of the bar and some distinguished citizens.