Judiciary is performing duties purely within constitutional sphere; Chief Justice

Chief Justice Iftikhar Muhammad Chaudhry has said the judiciary held a position parallel to that of the legislature and of the executive, asserting the judiciary was performing functions purely within its constitutional sphere.

Addressing a full-court reference on the occasion of Justice Shakirullah Jan’s retirement, he said interpretation of laws was the judiciary’s responsibility while implementation of laws was the executive’s liability.

The judiciary was aware of the fundamental rights of the people and the authorities and rights of state institutions, he added.

Rejecting the impression that the judiciary was playing the role of opposition, the chief justice said that all institutions should respect the judiciary’s sovereignty.

He noted, “Judiciary is the greatest unified and integrating force of this country and is fully conversant of its basic duty to protect the rights of citizens as well as institutions against constitutional excesses”.

The CJ continued that that the role of the superior judiciary in all modern democracies was crucial for safeguarding human rights, countering terrorism, curbing violence and checking corruption and ensuring good governance.

He explained, “Worldwide, the judgments of the superior courts are followed and implemented by the subordinate courts and state institutions for defending citizens’ rights rather than protecting government’s interests”.

Through these remarks, he hinted towards government’s refusal to write a letter to Swiss authorities regarding graft cases against President Asif Ali Zardari.

He expressed hopes that all the state institutions and civil society will join hands for achieving the common goal of transforming the country into a true welfare state by following the principles of rule of law and constitutional supremacy.

Justice Shakirullah Jan, who is the senior-most judge of the apex court after the chief justice himself and a reformist to the core retired on Thursday.

He was elevated as an Additional Judge of Peshawar High Court on December 13, 1993, and then confirmed as judge of the high court in 1995. He was then appointed as Chief Justice of Peshawar High Court (PHC), taking oath on 10^th January, 2002.

Being chief justice, he initiated and introduced various reforms for the improvement of the provincial judiciary in terms of reducing delays, which included the creation of 107 new Courts.

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Posted by Faisal Farooq on Aug 17 2012. Filed under National, Pakistan. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.