'Judges are bound to protect Constitution'

Ex-CJP Saqib Nisar says freedom of expression is essential for the rule of law to prevail

LAHORE:

Former chief justice of Pakistan (CJP) Mian Saqib Nisar has said that without democracy, there can be no constitution, and without a constitution, no state can survive in the world.

"The system of Shura also originates from Islamic teachings. Democracy itself is rooted in Shura," Nisar said on Wednesday while addressing a book launch.

Referring to the parliamentary system, he said all stakeholders agree on democracy as the foundational structure. He noted that the real test of judges takes place within a democratic system.

He said the responsibility to protect fundamental rights lies with judges of the high courts and the Supreme Court, who have taken an oath to uphold the supremacy of the Constitution.

He said laws came into existence alongside the birth of mankind, and that both law and its implementation have certain requirements. He noted that even God granted Satan the right to be heard. He said safeguarding basic rights from cradle to grave is the responsibility of the state.

Recalling his visits to hospitals, he remarked that he did not find anyone working properly. He questioned the value of life if facilities built at the cost of billions of rupees remain unusable.

Nisar emphasized that it is the rule of law that organizes and sustains the system. He urged everyone to read Article 7 of the Constitution, which clearly defines this obligation.

He questioned whether the rule of law truly exists in Pakistan, warning that without it, everything becomes meaningless. He said freedom of expression is essential for the rule of law to prevail.

Quoting the saying of the Holy Prophet (PBUH), he said that one should call evil by its name, or at least consider it evil in one's heart.