Rule of law, supremacy of constitution lead to prosperity: Chief Justice
He was addressing an Indian lawyers’ delegation led by Dr Pravin H Parekh - President Supreme Court Bar Association of India.
"Our law enforcement agencies are striving hard to fix the problem and the courts are geared to handle cases swiftly and dispense justice in a transparent manner," he said.
The chief justice told the delegation that history has proven that societies that followed the twin rules - rule of law and supremacy of constitution - have thrived and prospered.
"However, societies that fail to do so, fail to move forward,” he added.
Justice Chaudhry further spoke about the similarities between the judicial systems of India and Pakistan and said both have a common cultural, social and legal background and drew inspiration from the same source of jurisprudence.
Speaking about the role of legal community, the chief justice stated that lawyers make the most active and knowledgeable segment of a society as they play a leading role in moulding public opinion on important issue of public policy.
"Pakistan and India are among those two nations whose very existence was made possible primarily because of the visionary leadership of their founding fathers who were also distinguished jurists of their times," he added.
He observed that even today, the role of lawyers and jurists could not be underestimated in terms of providing a strong leadership in both the countries.
He regretted that unfortunately, both India and Pakistan had not been able to maintain normal neighbourly relations since their inception.
However, he said there was no issue in the world which could not be resolved through peaceful negotiation, and that the jurists could play their role in not only creating the environment for peaceful interaction between the two neighbours, but also ensuring that such interaction was translated into real time trust and harmony between the two countries.
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The CJ should stop giving sermons. He shoud stop giving unconstitunal decisions. The latest example being declaring Late president Ghulam Ishaq Khan focal point in the case guilty for violating the constitution without hearing him/ his side. Supremacy of constitution and law comes through giving decisions as per constitution/ law even unpopular and not for carving out a good name in history or settling scores.
This is the first man in histry of south asia who has taken such bold steps and yet having such a week government. This man has single handedly hold the constitution and maintain his stance on implementing supremacy of law. Supreme court is the only institution who has faced the most clever polititions in a very professional manner. Keep up the good work CJ we love you and i am sure you will leave a very good culture of justice afterwards.
"...supremacy of constitution lead to prosperity: Chief Justice" - Sir! whose prosperity personal or national?
Quote-" Pakistan has succeeded in establishing rule of law by ensuring implementation of the constitution"....Sir I dont agree with this observation. If its true then people of good reputation should be holding public positions as per constitution article 63
Quote-" Pakistan has succeeded in establishing rule of law by ensuring implementation of the constitution"....Sir I dont agree with this observation. If its true then how come convicted and criminals are holding public positions?
That is true when you stop releasing terrorists and bakery beaters.
Yes rule of law not rule of judges!
Ensuring the sanctity of the constitution is a must for the flourishing and dominance of democracy. The longing of the CJP in this regard is discernible. The basic tenet of democracy warrants that none of the statutory authorities-judiciary,administrative and Parliament should transgress other's domain;even not to stray.There must be an understanding and acceptance between them on jurisdictional issues. The combined three(judiciary,Govt. and Parliament) have to make a call and evolve a pattern that the army should be within the barracks in peace time and in readiness when situation demands their service in safeguarding the territorial integrity of the country.Their say in domestic affairs is to be curtailed,rather avoided.By saying these,we are not boasting ourselves as 100% perfect democracy.Both of us have to refine. However, the amount of efforts needed to set up a fully functional democracy by our western neighbour is greater,the path is narrow and long.
Except that Pakistan's judges are well known for selective use of the "Rule of Law." It means upholding it in every single instance. How many militants end up convicted if you can somehow get a hold of them before they get to their weapons for their version of suicide-by-cop or the detonator switch? Almost none and there are a lot of them. Do you know some other terms that could be used in court to describe what they do? Assault, murder, attempted murder, conspiracy to commit murder, harassment, arson, vandalism, homicide, kidnapping, ... I'll stop there. I'm sure there are others and those are just off the top of my head. Tell me, how many countries prosper when rule of law ignores those crimes?