No one is allowed to undermine the judiciary: CJP

Top judge says justice cannot be delivered unless judges fully independent and under no external pressure

ISLAMABAD:

Chief Justice of Pakistan Gulzar Ahmed asserted on Monday that the judiciary was constitutionally independent and no one was allowed to undermine its independence.

Speaking at a ceremony held to observe the start of the Judicial Year 2020-21, the CJP observed that, "Justice cannot be delivered and fundamental rights of the people cannot be protected unless the Judges are fully independent and under no external pressure. The Constitution mandates in its Preamble that the independence of the judiciary shall be fully secured. Under the Constitution and the law, no one is allowed to undermine the independence of judiciary."

The chief justice further stated that, "We may ask ourselves why is it that the Courts are so very important for the functioning of our Constitutional system. Why is it, that it is the Courts that are tasked with protecting the people's basic and fundamental rights. I believe the answer to these questions lies in the very simple fact that ours is a government of laws, not of men. Yet, laws, on their own, are of little use."

CJP Gulzar also said that every judge of the superior judiciary was under a solemn oath, inter alia, to discharge their duties honestly, to the best of their ability and faithfully, in accordance with the constitution and the law.

He further commented that in all circumstances, the judge is to do right to all manner of people, according to law, without fear or favour, affection or ill-will.

"I must say that it is not only a privilege to be a Judge but a heavy duty is cast upon Judges, even under the oath, to preserve, protect and defend the Constitution, and not allow their personal interest to influence the official conduct or official decisions," he said.

CJP Gulzar stressed that the judiciary shall continue to strive to uphold the supremacy of the constitution to foster justice in all circumstances and to ensure rule of law in the country.

With regard to challenges faced by the courts, the CJP stated that since he took over as the Chief Justice of Pakistan, he found that "the biggest challenge faced by our judicial system is the backlog of cases. In order to reduce the pendency of cases, various decisions were taken. These measures have not only proved beneficial for the smooth functioning of the Court but the litigants are also benefiting from the same."

In order to overcome this problem and to provide expeditious and inexpensive justice to the litigants, he said the cases were heard through the e-Court system.

"I personally headed various Benches which regularly conducted the proceedings of cases through e-Court system at the Principal seat, Islamabad and the Branch Registries," Justice Gulzar said.

He said that considering it was difficult for the advocates and litigants to come all the way from Quetta, and due to Covid-19, it was not possible to constitute benches at Quetta, he decided to hear cases pending in Quetta through video-link at the main Islamabad Registry.

Moreover, Attorney General for Pakistan Khalid Javed Khan also spoke at the ceremony, stating that only a truly independent judiciary can be the ultimate custodian and bulwark of the rights and liberties of the people.

"The institutional independence of the judiciary has to be jealously guarded and there can be no better guarantor of its independence than a united Court with a robust Bar standing by it. The true strength lies in unity. As Abraham Lincoln said, ‘A House divided against itself cannot stand’," observed AGP Khan.

He further said that while holding others accountable for their deed and conduct, this court has always been amenable to the highest degree of its own accountability. "This is the most priceless asset which any institution could possess. God only tests the ones it endows with sterling character and qualities," the AGP concluded.