New judicial year: No institution can be above the Constitution, says CJP

Balance of pending cases reaches more than 22,000

ISLAMABAD:

In view of the ongoing political impasse, Chief Justice of Pakistan Nasirul Mulk has made it clear that no person or institution can elevate themselves above the Constitution and the judiciary will ensure that fidelity to the Constitution is observed by all other functionaries of the state.

Speaking on the eve of the new judicial year 2014-15, the top judge emphasised that the judiciary would not only retain its fidelity to the Constitution but would also ensure that such fidelity was observed by all other functionaries of the state.

“Rule of law can only prevail in our country when the 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,” he said.



The chief justice said that the primary obligation of every judge was “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. It has been repeatedly emphasised by this court that no person or institution can elevate themselves above the Constitution,” he said.

Justice Mulk said the Supreme Court has demonstrated its determination to preserve and protect the Constitution, thereby protecting and promoting democracy and good governance in Pakistan. The Supreme Court and the judiciary shall forever endeavour to dispense justice to all, without being affected by any interest or extrinsic considerations, he added.

A path which deviates from constitutionalism regresses into an age of apathy, where no rule of law exists. Progress, security and development cannot take place in the absence of safeguards provided in the Constitution, he said. “Rights and duties are like two sides of the same coin: one cannot exist without the other,” he added. “It is the task of the judiciary to ensure that rights in a democratic society are balanced with counter-imposed duties.”

The top judge said that this judicial year started with a carryover case balance of 19.932 cases. A total of 17, 491 new cases were instituted in the Supreme Court, of which 13,872 have been disposed. However, due to the backlog of cases from previous years, the balance of pending cases is 22,089. In the last six months, the top court decided more than half of the criminal cases, he said.

“We hope that by summer of 2015 the backlog of criminal cases will be completely wiped out. A similar effort is being planned for tackling the backlog of constitutional, civil, service, revenue and other cases.”

Published in The Express Tribune, September 9^th, 2014.