PHOTO: FILE
“The modern criminal justice system is broadly tasked with meting out retributive justice while simultaneously protecting the rights of the accused,” he made the remarks while addressing the full court reference held in the Supreme Court (SC) on Thursday in fond memory of former SC judge justice Mamoon Kazi, who died on April 2, 2014.
The chief justice said, “Judiciary is the guardian of constitutionally protected vestiges of the French Revolution: life, liberty and property of the people. It is incumbent upon every judge to check the excesses of administration and to protect people’s freedom.”
It is the obligation of a judge as guardian of the text and spirit of the Constitution to ensure that the rights of the accused are not violated in the process of criminal adjudication, said the CJP in his speech.
Justice Nasirul Mulk also observed that a true form of democracy will only usher when judiciary, as guardians of the Constitution, will actively ensure executive’s compliance with the dictates of the Constitution.
18th amendment case
Hamid Khan, counsel for various bars, stated that though he had reservations on the appointment of some judges, appointed by Judicial Commission of Pakistan (JCP), he cannot withstand the parliamentary committee.
He said, “The politicians in our country are not yet mature enough to even conceptualise the enormity of the task of appointing judges.”
Earlier, while arguing the case, he urged the court that following the principle of severance, exclude the parliamentary committee from Article 175A of the Constitution.
Justice Nasirul Mulk, heading a full court, said, “For modification in the Article 175A the matter has to be referred to parliament as the court cannot do legislation.”
Justice Jawwad stated that it would become difficult for them to exclude or insert anything in the Constitution, adding, “If the parliamentary party’s role is excluded then there will be vacuum, which the court cannot fill.”
However, Hamid Khan contended that no vacuum would be created, saying the parliamentary committee is not only alien to the scheme of independence of judiciary but also the parliamentary form of government.
He also said judiciary is predominant organ in many countries, adding that the duty to enforce the fundamental rights is the responsibility of judiciary and the democracy flourish in those countries where there is an independent judiciary.
Advocate Ikram Chaudhry, who represents District Bar Council Rawalpindi, adopted the arguments of Hamid Khan while Shahid Orakzai, appearing in personal capacity, opposed the existence of the JCP. The case is adjourned till May 12.
Published in The Express Tribune, May 8th, 2015.
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