No person or institution above the Constitution, says chief justice

CJ Nasirul Mulk says judiciary will retain loyalty to Constitution; ensure all other state functionaries do the same

ISLAMABAD: In light of the ongoing political impasse, Chief Justice (CJ) Nasirul Mulk stressed on Monday that the judiciary will only retain its loyalty to the Constitution while ensuring that all other state functionaries do the same.

Addressing the opening ceremony of the new judicial year 2014-15, the chief justice said that no person or institution is above the country's Constitution.

“Rule of law can only prevail in our country when judiciary remains faithful to the dictates of the Constitution. Let us renew our pledge to the same principles as we embark on the journey of another judicial year. Let this year be the time when we realise the aims and dreams set forth by us. Let this year be another milestone in the illustrious history of this court and our country,” said Mulk

The CJ said the primary obligation of every judge is “to preserve, protect and defend the Constitution,” which should be undertaken “without fear or favour, affection or ill-will."

“No consideration or obligation can rise above the loyalty of the judges to both the text and spirit of the Constitution. Judges do not merely interpret the words of the Constitution but also have the duty to preserve and protect it against any moves designed to defeat the scheme of the Constitution." reaffirmed Mulk.

The CJ added that the Supreme Court has demonstrated its determination to preserve and protect the written Constitution, thereby protecting and promoting democracy and good governance in Pakistan.

Mulk further said the Supreme Court and the judiciary shall forever endeavour to dispense justice to all, without being affected by any interest or extrinsic considerations. The CJ also said that a path which deviates from constitutionalism regresses into an age of apathy, where no rule of law exists.

“As a democratic society, it is incumbent upon all citizens to collectively promote respect for and obedience to the Constitution. The various facets of justice such as economic, political and social are correlated to the progress of Constitutionalism in our country," explained Mulk.

He further adds that progress, security and development cannot take place in the absence of safeguards provided in the Constitution.

"Rights and duties are like two sides of the coin; one cannot exist without the other. It is the task of the judiciary to ensure that rights in a democratic society are balanced with counter-imposed duties. Judiciary has to play a progressive role in the creation of such a peaceful society by endeavoring to promote adherence to the Constitution," emphasised Mulk.

The Chief Justice said that this judicial year started with a carry-over case balance of 19,932 cases, a total of 17, 491 new cases were instituted in the Supreme Court, out of which 13,872 have been disposed.

However, according to Mulk due to the carry-over backlog of cases from the previous years, the balance of pending cases before us is a colossal 22,089. "Although, we have had a very high disposal rate, our efforts still require further vigour," said Mulk.

He also said that in the last six months, the top court had already decided more than half of the criminal cases of which the backlog would be completely wiped out by summer 2015.

"A similar effort is being planned for tackling the backlog of Constitutional, Civil, Service, Revenue and other cases, the results of which would soon become apparent in the coming months. Work continued as usual during summer vacations till recently when all judges answered to the call of duty and the court started work at full strength a week early”

The CJ has also said that judgment in the Peshawar church bomb blast case remains a testament to the court's commitment to the idea of justice and equality for all without any socially created encumbrance.