Strong judiciary must to defend state organs: CJP

Judiciary will ensure survival of other organs of state in face of “extra-constitutional forces”, says CJP.

ISLAMABAD: It will be the judiciary that will ensure the survival of other organs of the state in the face of “extra-constitutional forces” – therefore the Executive and Legislature should work to strengthen the judiciary, urged Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry.

Addressing a Full Court Reference held on Monday in the Supreme Court to bid farewell to Justice Rahmat Hussain Jafferi, who retired on Sunday, the CJP said, “It is the need of the hour that the Legislature and  Executive work in a manner to strengthen the judiciary, as it will ensure the survival of other organs in case some extra-constitutional forces strike the political dispensation.

Administering justice is not just the judiciary’s job, he said, but the responsibility of all three organs of the state. The Executive and Legislature also share an equal responsibility in the pursuit of independence of judiciary, he added.

The CJP said that, after the landmark judgment of July 31, 2009, in the case of Sindh High Court Bar Association, the Supreme Court has declared that no judge of the superior judiciary will ever accept any unlawful and unconstitutional order of any authority under any circumstances.

“It is now incumbent upon all institutions to work in unison, which will ensure their independence and prepare them for performing their assigned constitutional duties,” the CJP said.

In her address to the full court, President Supreme Court Bar Association Asma Jahangir said that, “The National Judicial Policy (NJP) also needs to be revised in the face of concerns expressed by the lawyers’ community across the country. Justice cannot be compromised in our zeal to see disposal alone.”

She also requested the CJP for reforming the process of fixing cases and greater transparency from the time of institution of a case to the delivery of the final judgment. Regarding the suo moto cases, she said that the courts, while taking up issues of public interest, should also practice extreme caution and set for themselves specific guidelines for redressing public grievances.

Attorney General Maulvi Anwarul Haq and Vice Chairman Pakistan Bar Council Muhammad Kazim Khan also addressed the full court and paid tribute to Justice Rahmat Hussain Jafferi. Dr Faqir Hussain, Registrar Supreme Court of Pakistan conducted the proceeding of the Full Court Reference.

Quoting William Shakespeare in his address, the CJP said, “All the world’s a stage, and all the men and women merely players: they have their exits and their entrances; and one man in his time plays many parts, his acts being seven ages.” The CJP said that Justice Jafferi had successfully played an important role in life.

Justice Jafferi not only brought rich experience from judicial administration but also contributed in the use of information technology and automation in the field of judicial administration.

He recently attended the 4th meeting of the Asia Pacific Judicial Reforms held from October 25-28th, 2010, in Beijing and also presented a paper on the “Use of Information Technology in Courts” wherein he gave suggestions regarding the use of technology to enhance performance and bring about transparency and accountability in the judicial administration.

President of the Supreme People’s Court of China awarded him a Gold Medal in recognition of his outstanding performance.

Published in The Express Tribune, November 23^rd, 2010.