People too have a duty towards protecting Constitution: CJP

Justice Gulzar Ahmed attributes failure in achieving Constitution's goals to the 'unwillingness of functionaries'

HYDERABAD: In his maiden speech to a bar association after becoming the Chief Justice of Pakistan (CJP), Justice Gulzar Ahmed reminded people of their responsibility to protect the Constitution while tacitly expressing disapproval for the incumbent government's performance.

"... it's not just the function of the courts or lawyers to ensure that such sacred documents [as the Constitution] are protected but also of the people to see to it that the Constitution is protected by all means and everything is done according to the mandate," he said while addressing the Hyderabad District Bar Association (HDBA) on Saturday evening.

Justice Ahmed also observed that the Constitution has provided a mechanism to elevate the citizens' lives from abject despondency to cherished happiness, well-being and prosperity.

"[But] it's only the unwillingness of the functionaries that has become a stumbling block in achieving the goals outlined in the Constitution," said Justice Ahmed.

He said that after the holy Quran and Sunnah, the most sacred book available to the people of Pakistan was the Constitution.

He underlined that the Constitution and other laws ensured delivery of equal rights and opportunities to all citizens, in areas of health, education, prosperity and well-being. "... it is with great concern that we note that people are not getting real benefits of such laws in the education and health sectors, and the opportunities of dignified living are not being provided to the people, which is not only grave injustice but is also affecting the very fabric of the society," he added.

The CJP said that Quaid-e-Azam Muhammad Ali Jinnah laid down many of the principles of governance in his speeches, lamenting that all such good things have either been forgotten or shelved.

He underscored that the country has great potential in the form of manpower and natural resources, adding that by utilising both of them it can become one of the most prosperous nations in the region.

"But as is always the case, the administration neither has the capacity or will to harness both nor cares to evolve plans for achieving this objective," he noted with concern.

He asked the rulers to ensure that people are delivered what they are entitled to under the law and disparity between haves and haves-not should immediately be addressed.

The CJP said the "holy alliance" between the bench and the bar could help achieve a happy and prosperous life for the people besides ensuring the provision of proper civic and civil infrastructure by the government.

"This holy alliance between the bench and the bar will never be compromised," he emphasised.

He said the lawyers ensured that the citizens get justice as it was their right. "It isn't just an favour to the people but a sacred duty."

Ahmed said that HDBA is the first bar to honour him with the invitation to participate in its annual dinner after he took oath on December 21, 2019.

He recalled the time when he appeared as a lawyer in the court of Hyderabad and also worked at the Sindh High Court (SHC) Hyderabad Circuit bench as a judge. He said that he used to walk in the streets to see the historic city and meet its people, pointing out Pakka Qila, Katcha Qila, Indus river and Phuleli canal as some of the memorable places in the city.

Earlier, SHC Chief Justice Ahmed Ali Shaikh and HDBA President Imdad Unar also addressed the ceremony. Judges of the apex court, SHC and subordinate judiciary and senior lawyers were present on the occasion.

Published in The Express Tribune, January 13^th, 2020.