KARACHI, Jan 21: Chief Justice of Pakistan Iftikhar Mohammad Chaudhry reiterated on Saturday that the judiciary was trying to establish democratic and parliamentary norms in the county and had never tried to assume the role of the executive or the legislature.
“We respect the integrity and independence of every institution. The role of judiciary is not that of an opposition to the legislature or the executive. However, in cases of actions in utter violation of legal or constitutional norms, the judiciary has to exercise its power of judicial review,” he said in an address to lawyers after administering oath to the newly-elected body of the Karachi Bar Association at the Sindh High Court.
Justice Iftikhar Chaudhry said lawyers belonged to a well-informed section of the middle class which had always played a major role as harbinger of change.
He said the practice of holding regular elections indicated the deep-rooted democratic tradition of the layers’ body. “It also sets a worthy example for the nation to follow.”
Justice Iftikhar said the Supreme Court was constitutionally bound to give judgments on issues brought before it under various jurisdictions and the verdicts had wider constitutional and national implications. “However, the work of the judiciaryat the district level is the one which directly affects the life of common citizens at the grassroots level.”
The chief justice said that in any democratic set-up the judiciary had to act as an independent institution exercising jurisdiction within its constitutional domain. “Similarly the legislature and the executive are also independent in theirrespective fields subject to the constitutional limitation,” he added.
He said the judiciary as a custodian of the Constitution has to check constitutional deviations and arbitrary exercise of power by other institutions so as to ensure the rule of law and fair administration of justice.
Justice Iftikhar said the National Judicial Policy (NJP) formulated and revised with the assistance of the legal fraternity was aimed at providing speedy justice at the grassroots level.
“The proper implementation of the NJP standards by the court with the cooperation of lawyers has reduced the pendency of old and frivolous litigation to a great extent,” he added.
He said the corruption was a vice which was impinging upon the process of fair dispensation of justice by judiciaries of developed as well as under-developed countries. “The bench and the bar with their joint liaison can evaluate and detect various forms and actors of corruption and devise a well-designed monitoring plan in this respect.”
Justice Iftikhar said supremacy of the Constitution and rule of law was the result of lawyers’ struggle. He said he and other judges were aware of the problems of lawyers, especially the shortage of judges in the Sindh High Court. He said the matter would be resolved by early February.
The chief justice said he had discussed the issue of target killing of lawyers at different meetings with judges and lawyers on Saturday. He urged district judges and lawyers to play their role in early disposal of cases. He said the delay caused immense troubles for the litigants.
SHC Chief Justice Mushir Alam, KBA president Mehmoodul Hassan and general secretary Khalid Mumtaz also spoke on the occasion.