Judicial Conference: We blocked way of dictatorship: CJP

Justice Chaudhry recalls Musharraf’s emergency and events thereafter.

ISLAMABAD:

Supreme Court Chief Justice Iftikhar Muhammad Chaudhry said on Friday that an independent judiciary was vital to ensuring the rule of law.

In his keynote address at the inaugural session of ‘International Judicial Conference’, he said Pakistan is a democratic country “but unfortunately our history is stained with unconstitutional mishaps”.

He recalled that since 1953 till the 3rd November, 2007, time and again the constitution was abrogated in the name of Martial Law or proclamation of emergency.

“Except in 1972, in Asma Jillani’s case the courts generally validated the unconstitutional actions of usurpers on technical grounds or point of facts. “However, the judiciary, on 3rd November, 2007 ensured the enforcement of the Constitution and the rule of law in the country by delivering a 14-member bench judgment on 31st July, 2009 in the Sindh High Court Bar Association’s case. On the said date, General Pervez Musharraf promulgated the Proclamation of Emergency.

“The events triggered by the 3rd November, 2007 action of a military dictator, the resistance of judges, the historic movement of learned lawyers’ community, watchful media, informed civil society, marked a watershed in the political and the constitutional annals of Pakistan.

The chief justice said that as a result of heroic efforts of the lawyers’ community well supported by the other segments of society, the judiciary was restored and the judges, who were made dysfunctional, were allowed to continue to work.

The Court not only declared all such extra-constitutional instruments to be unconstitutional, illegal and ultra vires of the Constitution and consequently of no legal effect, but also declared General (retd) Parvez Musharaf to be a usurper and appropriate action against him is likely to take place, he said.

“It is heartening that, for the first time, in the history of our beloved country, the chosen representative of people, who took their offices as a result of election taking place on 18 February, 2008 have, commendably, stayed their hands off and have not sanctified the unconstitutional acts,” Justice Chaudhry said.

Referring to the conference theme ‘There is but one law for all’, he said if this principle is adopted and applied in letter and in spirit, “we can achieve the goals of good governance, democracy, social justice and the rule of law”. Article 25 of the Constitution enunciates that “all citizens are equal before law and are entitled to equal protection of law”.

He said the administration of inexpensive, unbiased and fair justice leads society to a civilized form of governance. Equality, impartiality and integrity in dispensation of justice are vital elements for the good governance of a state.

He said environment is a trust and legacy of the inhabitants of the universe. “We have to evolve a universal mechanism for making the environmental laws more efficient and practicable at national and international level.”

He said the Constitution of 1973 also guarantees the equality of women and manifestly mentions in Article 25 that “there shall be no discrimination on the basis of sex”. It also mandates the state to take positive measures for the protection of women. Various legislative measures have been taken from time to time to address the issue of gender bias and women protection; however, we see that social evils of domestic violence, honour killings, forced marriages, sexual harassment, biased jirga decisions, acid and oil burning, etc., are still rampant. The role of judiciary in protecting and enforcing the basic rights and equality of status of women is no doubt commendable. However, judicial empathy and awareness of the gender issues needs further analysis through critical examination of prevalent laws and regulations, thus setting guidelines and precedents for future legislative amendments.

Published in The Express Tribune, April 14^th, 2012.