SCBA address: Judiciary essential for existence of state, says CJP

Says Pakistan fortunate to have a written constitution

KARACHI: Chief Justice of Pakistan Mian Saqib Nisar on Friday said that the judiciary was a completely independent institution which had unique, competent and upright judges.

“The importance of the judiciary is not hidden from anyone,” he said while speaking at a reception hosted by the Supreme Court Bar Association in his honour.

“In democracy, the judiciary is like sine qua non (a necessary condition without which something is impossible) for the existence of the state,” the chief justice added.

“Pakistan is fortunate to have a written constitution under which the judiciary is functioning.”



He reiterated that the country’s superior judiciary was independent and upright, adding the Supreme Court had unique judges of whom he and everyone could feel proud of.

“Each one of my judges in the Supreme Court is upright, capable, and a man of integrity and ability.”

Justice Nisar said: “Neither will we derelict in the performance of our duties nor will we disappoint our nation,” adding, “Judges through their character and decision will prove that Pakistan’s judiciary is unique in its calibre, decisions and independence.”

The chief justice viewed that the bar and the bench were integral and inseparable parts of the same institute “because the former cannot give good and independent judgements without the assistance from the latter”.

He said the provision of facilities to the bar was essential. “After assuming the office of the country’s top judge, my first directive to the court staff was to facilitate litigant public and lawyers.”

Justice Nisar said since the bench and the bar enjoyed the relationship of respect; therefore, there was no rift between the two. He said under Article 4 of the Constitution, no judge had the authority to give any decision on his/her own whims, as the former chief justice Naseem Hasan Shah had already declared in the famous case of the Utility Stores Corporation in 1987.

“Therefore, the whimsical, capricious and arbitrary decisions are against the calibre of a judge.”

CJP Nisar said a judge was duty bound to give decision in accordance with the law, as Article 4 says: every individual has the right to be dealt with in accordance with the law. “We have taken the oath to follow the Constitution.”

The chief justice said the chapter of fundamental rights in the Constitution was the most beautiful part and asserted that the chapter was his weakness, as the enforcement of fundamental rights was very sacred.

“Once it has been established that the breach of fundamental rights has been violated somewhere, then it is the duty of a judge to enforce such law because the element of discretion of the judge does not remain there anymore,” he added.

He said it was the duty of his judges to enforce fundamental rights. He said the cases in eight different categories, including fresh criminal bails before and after arrest, rest, services, execution, jail appeals against the sentences up to ten years, would now be fixed on the dates proposed by lawyers.

The chief justice said library of the apex court was being digitalised to save space to accommodate law officers and lawyers; however, he added that the federal government was also asked to provide land in the vicinity of the Supreme Court to accommodate the offices of law officers.

Published in The Express Tribune, January 28^th, 2017.