Judiciary must never be submissive to executive or legislature: CJP

Have secured the independence of the judiciary, says Justice Nisar

CHief Justice Saqib Nisar said on Tuesday that the judiciary must never be submissive to the executive or legislature.

"I have always maintained, individually and as the head of this supreme institution that there is no valour in being complacent, no wisdom in limiting our potential by aiming low and certainly no nobility in looking down on those who aim high despite the odds," the top judge stated during a condolence ceremony marking the passing away of three SC judges.

"For indeed, time has never favoured the timid, it favours only the bold and courageous. If we had not fought for the independence of the judiciary, our march towards the upholding of the fundamental rights of the people under the Constitution could never have been possible," said Justice Nisar on the occasion.

"The Constitution has given the judiciary the status of a pillar of the state, it, therefore, must never be submissive to the executive or legislature but must support these other two pillars in their duties while it upholds its own duty as a guardian of the fundamental rights of the people and the supremacy of the rule of law" added the CJP.

The top judge further stated that "my learned brother judges have departed this world, but have left their imprints on the history of this country. A brief overview of the life they lived reflects a common trait which they shared; of refusing to be complacent and of choosing to be brave in the face of adversity".

"The judicial profession has at many occasions put judges to the test of deciding between their own self-interests and those of justice, and I am proud to say that my fraternity has always given the latter preference often even at their own expense."

Justice Nisar also said that they have secured the independence of the judiciary; a statement that was absolutely inconceivable some decades ago.

CJP while addressing the ceremony said that "the walls of this building have seen a lot of changing seasons, including a few storms that threatened the very sanctity of the institution".

"One such storm was when certain political forces had succeeded in shaking the very foundations of what this court stands for. While we have come a long way from that fateful day, remembering it today should do well to remind us of just how sacred the independence of the judiciary is to the spirit of the Constitution of the Islamic Republic of Pakistan, 1973 and that when the three pillars collide, none comes out unhurt and it is the nation as a whole that suffers," elobarated the chief justice.



"Today, I am proud to say that the faith of the people of Pakistan in its judiciary has been restored and while opinions may differ as to the manner of delivery of justice," said CJP.



He went on to add that the judiciary has achieved this through the strength of the bench and the Bar as well as the support of the legislature and the executive in understanding the crucial importance of the independent functioning of all three pillars of the state.

Justice Nisar concluded his speech by saying that "a judge can at the very most hope that he has fulfilled his duty to the best of his abilities" within the three principles of Denning – ‘let justice be done’, ‘freedom under the law’ and ‘put your trust in God'.