SC to ward off challenge to democracy: Justice Saqib

CJP-designate says will strive to maintain judicial independence

ISLAMABAD: The Chief Justice-designate, Justice Mian Saqib Nisar, has observed that the judiciary in Pakistan was ‘truly’ independent and “they (the justices) will strive to maintain this independence”. He was addressing a full court reference held in honour of the outgoing Chief Justice Anwar Zaheer Jamali.



He said the Supreme Court would ward off any challenge to democracy, as the judges of superior courts have taken oath to preserve, protect and defend the Constitution.

“It is our promise on account of our sacred oath that the Constitution will be protected in letter and spirit.”

“When the judiciary of a country is impartial and free from all sorts of external pressures and influence, only then can the public have confidence that their cases will be decided in accordance with law. With the grace of God, the judiciary in Pakistan is truly independent and we will strive to maintain this independence,” says the incoming chief justice.

He also made it clear that the judiciary would not tolerate corruption either within or outside, adding “in this endeavour we need the continuing support of the people of Pakistan who must say ‘no’ to corruption”.

Justice Saqib also said: “Besides cleaning our own house of corruption, the judiciary shall play its role in the eradication of corruption from other limbs of the government.”

About the delay in expeditious disposal of cases, he suggested that there is a need to resort to alternative dispute resolution.

“If ADR cannot straightaway be installed for every kind of litigation, it may be gradually introduced into the system by creating an arrangement where a certain category of commercial matters be resolved through ADR.



“Likewise in the criminal justice system in order to provide effective and speedy justice it is expedient that the methods and mechanism of investigation must be improved by resorting to modern tools and techniques such as greater use of forensic science and DNA profiling.”

He said: “The apex court, while exercising the jurisdiction under Article 184 of Constitution, often examined the executive actions of state functionaries and passes effective orders. At times the legislative actions of parliament, including subordinate legislation, have been examined and declared to be ultra vires.”

Chief Justice Anwar Zaheer Jamali, while addressing the gathering, said the performance of the Judicial Commission of Pakistan was better than the past four to five years.

He also termed the impression given by the SCBA and PBC pertaining to non-functioning of the Supreme Judicial Commission (SJC) wrong.

SCBA President Rashid A Rizvi and Dr Farogh Nasim in their addresses raised objections over the performance of the JCP.

The chief justice also said that a committee has been constituted to examine the laws pertaining to the JCP.