He was addressing a full court assembly gathered to bid farewell to Justice MA Shahid Siddiqui. The CJP said the constitution is based on a trichotomy of powers between the legislature, the executive and the judiciary. “Each of these is independent within its jurisdictional domain and promotes the shared objectives of ensuring constitutional supremacy, establishment of the rule of law, fair administration of justice and protection of people’s rights.”
He said the trichotomy was introduced to ensure independence and impartiality in judicial decision-making. “The judiciary has to uphold the rule of law and the canons of justice in accordance with constitutional norms.”
The role of the judiciary is a check on the arbitrary exercise of power by any institution or a functionary of the government or executive, he added.
The CJP said judges are the pillars of the judicial institution and they are expected to avoid actions that might make them appear prejudiced and disrespectful to the oath they have sworn. “Lawyers, clients and witnesses are also expected to refrain from unjust criticism of judges and the judiciary.”
The full court reference was attended by judges of the Supreme Court, the attorney general and a number of prominent lawyers.
Published in The Express Tribune, October 14th, 2011.
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