A file photo of chief justice Iftikhar Muhammad Chaudhry. PHOTO: REUTERS/ FILE
Chief Justice Iftikhar Muhammad Chaudhry on Thursday said that the present-day judiciary made a clean break from the illegalities associated with the institution in the past and struck down the unconstitutional acts and actions of a usurper.
“This was indeed a turning point in the Constitutional history of our country, as the restraint order of November 3, 2007 coupled with Parliament’s refusal to endorse unconstitutional action laid groundwork to build a strong and invincible democratic structure upon it,” Justice Chaudhry said in his address on the eve of retirement of Justice Tariq Parvez from the apex court on attaining the age of superannuation.
He was referring to the declaration of emergency by Pervez Musharraf and the following events that led to annulment of the order, reinstatement and empowerment of the judiciary in the country.
The chief justice made it clear that the role of the judiciary is not that of an opposition to the other two organs of state, rather, it merely places a check on the arbitrary exercise of power by any institution or functionary of the legislature or executive.
After the retirement of Justice Tariq Parvez there would be two vacancies in the Supreme Court, while High Courts throughout the country are already facing severe shortage of judges, he said calling for appointments to complete the strength of the benches.
Justice Tariq Pervaiz said that the allegations of biasness against this court, in favour of any individual or a group or an institution, has no ground and are baseless.
The attorney general speaking on the occasion said: “Our constitutional history is replete with instances of removal of judges by non-political forces, but sadly on 31st July, 2009, for the first time in our judicial history a few judges removed a large number of their own brethren.”
Published in The Express Tribune, February 15th, 2013.
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"No Longer"
Will a uncomfortable comment make way for contempt of court ?
Let us give up the myopic view of "Usurper". Power is not usurped only through the barrel of a gun; In Pakistan it is also done through rigging, feudal pressures, purchasing votes and in some areas through outright militancy leading to the ballot box. Which one is this man so fond of referring to and will set right?
" we stuck down the unconstitutional acts of the usurper " Except the PCO.
"The attorney general speaking on the occasion said: “Our constitutional history is replete with instances of removal of judges by non-political forces, but sadly on 31st July, 2009, for the first time in our judicial history a few judges removed a large number of their own brethren.”
wah kia baat hay, kamal hay.
This CJ will be remembered as the most controversial in the history of the country. Wish he had done some positives as well instead of getting involved into the politics that much.
What exactly is he trying to say? Should we be happy that we have fake degree holders in the parliament, people who get elected on bogus votes, energy crises, an airline which is bankrupt, a rupee which has lost 50% of its value in 5 years, the worst form of corruption, our highly disrespectful passport, people queuing up in millions to get out of this country, a failed state and yet we can be proud of the fact that people elected on bogus votes, people of got billions written off in loads, money laundering cases are there to save the constitution! What a country
The man had to gave his life to prove his innocence and faithfulness.
Sorry Cheif Sahb, we do not beleive you , your inetention are not good because you took oath under the dictator..
but "Judiciary" still saves its son with utmost ease. Judiciary still does take sides in political war so all hail "Free" Judiciary. Now don't label me a PTI, Qadri or a PPP supporter coz i hate them all.