ISLAMABAD, May 28: Chief Justice Iftikhar Mohammad Chaudhry has said the judiciary has to win public confidence through its performance and by giving quality judgments.
Addressing an international conference of jurists on "Rule of law” and a meeting for presentation of International Jurists award in London on Monday, he said although the judicial organ of the state was independent in its judicial functions, it could not be left unbridled and without any accountability.
Justice Chaudhry said independence of the institution was essential for maintaining confidence of the public in the judicial system. This independence could be best safeguarded by the judges themselves through adjudication of matters on merit and without fear or extraneous considerations, he said.
According to a press release, he said accountability was a key feature of good governance and effective administration and was inbuilt within a democratic dispensation.
The chief justice said judiciary was not an exception to the process of accountability. However, the concept of judicial accountability was different from other organs of the state.
Accountability was one of the cornerstones and prime traits of democratic governance, which served as an important pillar of good governance. The reflection of accountability could be traced in all three organs of the state, he said.
“Executive controls the steering wheel. It decides which way the country will go. The legislature controls the fuel supply. It votes the money to fund the policies which the executive proposes. The judiciary controls the brakes,” he said. The chief justice said the judicial institution, like other institutions of a state, was accountable for its performance for safe administration of justice.
“An upright and efficient judiciary no doubt commands the respect of people in society.
“I must say that judicial accountability is the bedrock of independence of judiciary,” he said.
The chief justice said judicial independence and impartiality must be properly constrained and then matter was traditionally dealt with under the rubric of judicial accountability.
Such a check was exercised by the superior appellate forum, as provided by law and regulated by judicial procedure, he said.
“In Pakistan, provision of inexpensive justice and its expeditious dispensation was the constitutional responsibility of the state which could only be discharged by collective efforts of its three pillars.”
The chief justice said an independent judiciary could protect and safeguard fundamental rights and provide justice without fear, favour or favour.—APP