Individuals not bigger than institution: Justice Saeed

PBC vice chairman urges SC to play its role to protect people fundamental rights

ISLAMABAD: The outgoing judge of the Supreme Court, Justice Sheikh Azmat Saeed, said on Tuesday no individual was bigger than the institution, and stressed that the his "brother judges" in the apex court were "keenly aware of their duty to preserve, protect and defend the Constitution".

Addressing the full court reference in his honour on his retirement, Justice Saeed expressed the confidence the superior judiciary would "do the right thing, in the right manner, at the right time" without any fear or favour.

"No doubt, institutions are peopled with individuals but no individual is bigger or more important than the institution. No one is indispensable nor am I," he told the audience, including Supreme Court judges, representatives of the bars and others.

"I can state without fear of contradiction that I am leaving this court in the safe and steady hands of my learned brother judges, who are keenly aware of their duty to preserve, protect and defend the Constitution," he said. "I assure you, no matter, what the circumstances, my brother judges shall do the right thing, in the right manner, at the right time without fear or favour, affection or ill-will."

Justice Saeed he was also equally confident that the apex court judges would never lose sight of the fact that "our legal system has evolved and developed brick by brick, judgment by judgment", adding that this legal journey "will go on and will not be short circuited through short-cuts".

The judge said that divergence of opinion in respect of the understanding but not misunderstanding of the law is a blessing and stressed: "My brother judges are also fully cognisant of the difference between "judicial individualism" and "judicial anarchy."

He described the practicing advocates as an integral and essential part of the legal system, the jusges were aware that any effort to delete or dilute their role would disfigure the system beyond recognition.

"I leave this court in the protection of the bar, whose members are sensitive to the fact that their role, relevance and respect is a reflection of the role, relevance and respect of this court and, therefore, will never allow the dignity of this court and thus of the bar to be compromised."

He added: "It is an independent bar, which in the ultimate analysis, is the guarantor of an independent judiciary, therefore, I am equally confident that the bar will continue to insulate itself from outside influences."

Justice Saeed also dilated on the important role of the Supreme Court registrar and the subordinate staf in the dispensation of Justice in the country. "The functioning of this court would not be possible without the staff led by the registrar who man our offices," he added.

Addressing the reference, Pakistan Bar Council (PBC) Vice Chairman Syed Amjad Shah urged the Supreme Court to play its constitutional role for the protection of the fundamental rights of the people. He said there was suffocation in the prevailing situation, where departments concerned were using every tactic to suppress the voice of dissent.

"Whether different departments should be allowed to act beyond their limits and interfere in affairs of other state institutions. Whether the Supreme Court is successfully playing its role in this regard," Shah said.

He also questioned whether the judiciary and parliament were working independently. He said that efforts were being made to suppress every dissent voice and people are being indulged in false cases and that they were being deprived in their basic rights.

Shah stated that it was the demand of the lawyers that the Supreme Court should set its parameters to exercise its jurisdiction under Article 184 (3) of Constitution and the aggrieved party should also be given right of appeal before a larger bench.

He also said that lawyers had reservations over the process of appointment of judges and called for make decision of all references public. He urged that the full court should hear the constitutional petition filed by Justice Qazi Faez Isa and different bars against the presidential reference.

He stated that lawyers had already expressed reservations over the Supreme Judicial Council proceedings against Justice Isa and Justice K K Agha. Lawyers have already started countrywide movement against the presidential reference against both judges, he added.

Addressing the reference, according to a Radio Pakistan report, Chief Justice Asif Saeed Khosa said that Justice Sheikh Azmat Saeed had been an enormous asset to the superior judiciary throughout his time on the bench and the court had always benefitted from his intellect and rich experience.

He said Justice Saeed carried with him all aspects of proper judicial conduct, be it fairness, open-mindedness, courage, firmness, understanding and compassion. During his tenure, the chief justice added, Justice Saeed had rendered many landmark judgments and settled many uncertain issues.