Independent judiciary a must for ensuring rights: CJ

The CJ was speaking at the 17th Commonwealth Law Conference in Hyderabad.

ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry has said that whenever a country is ruled by elected representatives under the dispensation of constitution, the system of good governance is strengthened.

Delivering his keynote address at the inaugural session of the 17th Commonwealth Law Conference in Hyderabad, India, on Sunday, Justice Chaudhry said the existence of an independent judiciary was all the more necessary for the enforcement of fundamental rights, trade and commercial activities in accordance with law and constitution.

Dilating upon the theme of the conference “Emerging economies and the rule of law: opportunities and challenges,” he referred to the topic of rule of law and said it bore a substantial impact on the economic development across the globe.

“The judiciary in Pakistan has passed through various phases where efforts by adopting unconstitutional measures had been made, but the judiciary maintained its independence under all the circumstances because it is of the opinion that when there is constitutionalism and rule of law, it guarantees a democratic system in the country instead of military rule,” a press release received here quoted him as saying.

Justice Chaudhry said the constitution of a state, being the supreme law, kept every organ of the state autonomous and independent, yet subject to certain limitations and restrictions, but at the same time, ensures supremacy of the law, which was essential for economic development of a country.

Referring to November 3, 2007 steps, he said that for the first time in the history of Pakistan, the judiciary which had achieved independence, asserted itself and the Supreme Court declared those measures unconstitutional and illegal in its landmark order on the same day.

The superior judiciary, sacked after adopting unconstitutional devices, was ultimately restored and the democratic government did not validate or condone the acts and actions taken by the military ruler, he added.

The chief justice said that the constitutionalism and rule of law guaranteed enforcement of human rights
and thus helped industrial and commercial activities flourish.

“Rule of law and equality before law are hallmarks of Islamic thought and philosophy, which derives its authority from the Holy Quran and traditions of the Holy Prophet (PBUH),” he added.

Published in The Express Tribune, February 7^th, 2011.