Judiciary can judge validity of legislative, executive actions on Constitution
Addressing the Balochistan High Court Bar association late on Thursday, Chief Justice Iftikhar Muhammad Chaudhry said that the "judiciary has been entrusted with the power to adjudge the validity of the legislative and executive actions on the touchstone of the Constitution."
He added that the Supreme Court of Pakistan, being the apex court of the country, is aware of its responsibilities and shall always administer justice and safeguard the fundamental rights. “We have taken oath to preserve, protect and defend the Constitution of Pakistan and to dispense justice without fear or favour, affection or ill-will.”
The supremacy of the Constitution and rule of law demand that all the organs of the State should function within their prescribed and well settled limits provided by the Constitution and law.
The Constitution provides elaborate provisions for the system of administration of justice, including its establishment, powers and functions, etc.
After restoration of the judiciary, Chief Justice Chaudhry said, the judiciary was greatly concerned about the improvement in the system of administration of justice. Therefore, the National Judicial Policy was formulated in consultation with all the stakeholders of the system of administration of justice. Elaborating, he said the main features of the new policy included “eradication of corruption, independence of judiciary, reduction of backlog of cases, etc. Improvements have been made continuously in this policy considering the ground realities and feedback from the stakeholders.”
“The policy was not imposed, rather it was implemented as a unanimous decision of all concerned,” he said proudly.
This, he said, was one of the reasons of its success that every person engaged in the system and found reflection of his own thoughts in the document. He added that implementation of this Policy has led to a significant improvement in the rate of disposal of cases at the levels of the Superior as well as District Judiciary.
Balochistan situation
Speaking on the issue of Balochistan, a case in which the Chief Justice has shown great interest, summoning the top security officials to produce missing persons, he said that today no one is safe in Balochistan.
CJP lamented that human rights were being violated in Balochistan with impunity and it seemed that no one in any corridor of power was remotely interested in arresting it. Though, he added that the situation in Balochistan was not always this bad, and the dismal situation was but a passing phase.
He, however, warned that the situation in Pakistan’s largest province by size was a sign of worry for the other provinces, which too did not boast conditions worth raving about either.
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Clearly the Supreme Court judges and their families are above law! They are free to make comments against other pillars of the state, humiliate anyone they want, misbehave with lawyers, and ridicule public office holders, grabs plots worth millions, take bribes in cash or for their sons in Monte Carlo and above all jail people for contempt if they raise a finger at the conduct of judges. It’s just the galactic size ego of our honorable judges and nothing else. Instead of taking steps to provide prompt justice to ordinary people for whom they are employed in the first place, the judges are involved in these petty issues.
Is someone from Govt. makes a loud statement saying Parliament can impeach a Supreme Court judge!??
What is the purpose of CJ repeating what is open knowledge? And has he ever apologized for validating PCO?
@qasim m: you have one recommendation and that will surely be of 'Boycott Taliban Khan'..see the number of recommendations of the anti-CJ comments....
He is the only hope to safeguard the fundamental rights of the people of Pakistan. Being the custodian of the SC, he should also direct his brother judges to announce their assets publicly to satisfy the critics.
Why are the judges not disclosing their assets or surrendering the plots allotted to them by backward channels??
@Prius: If you want all these things call back your Cowboy Musharaf. Nobody else can do this for you. Judges can only make more confusion & anarchy, nothing more
I wonder what he will do to the next govt? I wonder what has become of Asghar Khan petition? I wonder how an 18 grade officer in FIA can build a bussiness of 900 milliin in 3 years? Was it because he is "Judiciary's son"? History did not forgive zia or musharaf or ayub or yahya, how can it forgive this CJ!
Immature judiciary.
Its pretty insane how country's constitution is changed to safeguard one corrupt thug's looted wealth.even more disturbing how these corrupt find any support in educated class of pakistan.how many more times ''democracy'' will be used by these looters to cover up their misdeeds.
Ridiculous.
Had there been rule of law and Upright Judges we would have seen realy democracy.
It is strange in Pakistan that the literate people of this country are propagating that the judiciary is above parliament.The constitution has been made by the parliament and in the parliamentry form of govt. it is the sole prerogative of the legislature to do every kind of legislation.I do not comprehend the version of the people including the chief justice that the supreme court is above the parliament. The people who are either taking the shelter of sharia or other arguments,their roles are always tantamounts to the actions of Ayub Khan,Yahaya Khan,Zia Ul Haq,Musharaf And Nawaz Shrif.I include Nawaz Shrif with the dictators because his bill to become the Amir ul Muminin of Pakistan in no way less than the actions of the said dictators.And I am the constitution, I am the law. Whatever I say is divine.... CJ
Dear Mr. CJ: what do you say is proper treatment being met out to the Ahmadiyya community, does your constitution say anything about such treatment and is it being upheld in the way it was intended in the constitution, or you don't have the moral courage to face the nuisance value of the mullah? any suo-moto chance? I did not think so....
@fan
Yes, also Supreme Court should put in place new interim army leaders.
They should put end to all war in Balichistan and FATA
They should permanently close supply to NATI since it is causing instability in country and Afghanistan
Supreme Court is the only group that should take charge of all country affairs
Gen Zia's spirit seems to have found a body in Pakistan these days! I am sure this guy will make sure that every other institution in Pakistan will be with broken back before he retires.
When the people ask for help, they ask the CJ to take suo moto notice. When the people defend, they defend the corrupt parliamentarians. Why don't the people ask their beloved elected parliamentarians to take notice of these killings?
typical of ppp supporters to come and et and try to prove their point... well get over with it your arguments are rejected by majority of the people in this country
@Prius: are serious man . . . ????
We are with you CJ. Are we so dumb that we don't see Zardari changing the law to fit his needs. Next he will murder someone and change the law that President and PM can kill anyone at their will with no retribution from any law. WOW...I can't belive that the entire nation is seeing this happening and not saying a word. Pakistan deserve Zardari/Nawaz clan.
day by day becoming PIA . . .???
let see if he can do justice with ex president Mussaraf.
Judiciary is the only hope Pakistan has to ensure that no one is above the law and everyone, including legislature branch, do what they are supposed to do instead of lining their pockets from loot.
We are not happy with anything. Those criticizing the CJ for his actions have probably forgotten about the misery of poor public at the hands on these corrupt politicians. Just to save one person (Mr. 10%) the constitution can be changed but if the CJ wants to check the validity of the law he is considered a judicial dictator. Shame on the people!!! No wonder we deserve these politicians.
i would take anything that would save us from wrath of PPP
Can you also please speed up the case of Nawaz Sahreef as well if you are talking of real rule of law in this country.
@ umer I don't care what you think about him but I know you don't know nothing about this man his honesty in his commitment for the country my friend you won't last a minute in his world not a single minute. This men is writing the history and he's writing it for right not only me but millions and millions of pakistani's all over the wolrld are with him.
Finally Pakistan is getting what it should have got from the first day of independence i.e. a strict adherence to rule of law and constitution. All criminals, corrupts and robbers will now be thrown off balance from all sections of society including the cocky ruling elite.
@Umer: The Chief Justice has been left alone to address the grievances of people of this country. Ask people, not him, why do people ask him to help them. Visit the Human Rights section of the Supreme Court and you will witness hundreds of applications received there daily. Why do the people consider him someone who can placate them and do justice to them? In fact, the executive and the legislative are underperforming and the higher judiciary is overburdened consequently.
Just see what is happening in Balochistan. It is the only CJ that is visiting Balochistan and listening to the problems of the Baloch. The PM, after he swore in, declared that he would visit Balochistan. Has he done that? Why not? The Baloch should be thankful to the CJ for giving hearings to the case of law and order and the missing persons' issue in Balochistan. In fact, the whole of Pakistan should be thankful to the CJ for trying to meet the justice needs of the Baloch and conveying them a sense of Pakistanism.
Oh the irony...
Next step, government run by Judges. I can't grasp the wisdom or lack of it expressed by leaders like Nawaz Sharif or Imran Khan, no one have guts to tell the truth about CJP, neither they can take stand against such a CJ, where are the democratic principles these people always talk about. CJP is sowing the seeds of anarchy in our country which this country can't afford especially when there is anarchy created by terrorist and no one from opposition or media will bring it up. We should look at long term solution to our problem and we all know that CJP is compelled/propelled by his own ego.
Judiciary acting like dictator and no doubt CJP playing politics. If he is really concern for a goodwill of constitution and law then he should deal with corruption in judiciary and thousands of long pending cases because of incompetence and leadership.
Judiciary has no right to interfere in legislative matters. The parliament has the right to enforce any LAW they wish. The judiciary only implements and interprets the legislation not the other way around. The parliament does not any judicial approval of any legislation. Parliament should remain supreme.
Judicial dictatorship is not acceptable.
When will honorable CJ takes suo motu on the killing of innocent people of Mohabat e Sindh rally? Why Judiciary is silent on the issues of native people of Sindh? Many progressive nationalists in Sindh are being disappeared and killed. Didnt they give sacrifices for Judiciary's revival? PPP has disappointed Sindhi people and we have hope in Judiciary and hope it will not disappoint us. and SC Will take suo motu action on 22nd May, 12 May incidents etc in order to bring culprits to books. They should not get Scot free every time. We want nothing, but JUSTICE! we will never forgive the killers of Shaheed Ghazala Batool ' the Martyred Queen of Sindh'.
Constitution is supreme.
He should better resign & contest election if he is fond of politics.
Mr. Iftikhar Chaudhry says, “We have taken oath to preserve, protect and defend the Constitution of Pakistan and to dispense justice without fear or favour, affection or ill-will.” --------well, not quite true. You took oath under Provisional Constitutional Order, we all know what that is ----- to remind you it's PCO and you took oath not once but twice under PCO and also gave the Military Rulers the mandate that was never asked which was to scrww around with our constitution as they pleased. Remember it, sir, do you Mr. Chief Justice!
Chaudri should comes into politics.
We want real judiciary to solve problems of people not the one sided trials. Just coz of 60 million dollar, Pakistan is at stake for last 3 years. Please address real problems of Pakistani People!!!!!!!!!!!
Well said! This is the system of checks and balances we need to keep in order to make sure that our legislators don't continue to create loopholes in our constitution. It is funny to see PPP trying to pass laws that would "kosher up" their personal wrong-doings without thinking about their effect on the country in long term. Needless to say that their mentality shows that they wouldn't even care about the country after their tenure is over.
About two years ago, when this gentlemen was hearing the cases of 18th amendment. One lawyer banged the constitution on the floor of the court (a pre-arranged acting) when officially he asked the lawyer the reason for his action, the lawyer said that he wanted to prove that constitution is not important for him.This logic was accepted by the court and he continued to ague.
Even before that, he had judged that the serving Chief of Army Staff can put the constitution in abeyance and even if he wants to activate it, he (Chief of Army Staff) can make changes in the constitution according to his sweet will.
All his judgments and opinions are like his squinted eyes.
In pakistan judges can legallized dictatorship and can proved and hang Bhutto i guess what else is not possible.
Jiye Bhutto!
Disqualify and dissolve the government and parliament already
Stop giving more time. They have made it very clear they will mock Supreme Court
Charge them and imprison them all
Declare martial law for interim gov set up!
Where does the constitution says to allow army chief ammendment in constitution? where does it allow PCO judges? Where does it allow a chief of army staff to run for president in uniform? is it only for a civilian president who cannot hold two offices? where does it say there should be different laws for son of CJ? I think its the right time for Impeachment-II.......before irreparable damage is done to the constitution and democracy by this bench of self righteous judges....
When is this guy retiring?
Can you now start delivering justice to the common people please? Enough of this empty rhetoric. Also kindly do entire Pakistan a favor and nail in your son.
Where is the azkhud notice on the murder of 18 labourers from Punjab in balochistan? Their NIC's were checked and those who were from punjab were lined up and shot dead.Why is the state inactive over this horrific atrocity.
In other words he alone will decide the fate of 200million people. Judicial dictatorship. Although I stopped calling it judiciary long ago.