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KARACHI: Chief Justice Iftikhar Muhammad Chaudhry on Saturday said that in the present state of affairs in Pakistan, the judiciary is, at times, criticised for meddling in the routine affairs of the state; however, in reality the judiciary has never tried to assume the role of the executive or the legislature.

Addressing delegations of the Sindh Bar Council and the Karachi Bar Association and a roll signing ceremony for newly enrolled advocates at the Supreme Court, Karachi Registry, the chief justice said the judiciary has the constitutional mandate to annul any act, whether it is an act of parliament or action taken by a state functionary that transgresses the constitutional limits. The judiciary, being the custodian of the Constitution, has been specifically equipped with the power of judicial review to check the arbitrary exercise of power by any person or institution, he observed, adding that now the only benchmark left is the Constitution of Pakistan 1973 and other laws which are to provide the foundation for administration of justice in the country.

He said that time to compromise on justice on the pretext of state necessity has long gone.

He observed that the judiciary respects the integrity and independence of every other institution and it has always played its part within the parameters of its constitutional domain.

He said that role of the judiciary is not that of an opposition to the legislature or the executive, however, in cases of unauthorised actions in utter violation of constitutional norms, the judiciary has to become responsive through the exercise of judicial review.

The chief justice said that the court had only applied the principle of rule of law and enforcement of the Constitution to determine culpability, as in cases of corruption in the government departments where billions of rupees were siphoned off and where, by the courts intervention, many more billions were saved and recovered.

He observed that the same principles were applied irrespective of the fact whether the accused was a small fry in the department or holder of the biggest office therein.

Giving examples of missing persons and the Karachi law and order situation cases, he observed that in the cases related to missing persons, no ifs and buts were entertained and law and only law was invoked before giving any judgment.

Referring to the Karachi suo moto on the law and order situation, Justice Iftikhar observed that all stakeholders, including bar representatives, were heard and an appropriate order was passed to eliminate the root causes for disturbances in the city.

He said that it is now the responsibility of other institutions to ensure implementation on above judgments in letter and spirit, observing that had the SC judgment on Karachi been implemented forthwith the peace and law and order situation would have improved.

The chief justice also cited the recent Supreme Court judgment regarding rectification of electoral lists in Karachi, and said that nobody can deny the fact that holding of free and fair elections on completely updated and error-free electoral rolls is the only way forward for the whole nation. He observed that holding of free and fair election would solve the problems and it will pave way for improvement in the law and order situation.

He said that it has also been observed that holding of local bodies election in the country, including the cantonment areas, is a constitutional obligation which should be complied with immediately.

On the importance of the independence of the judiciary, he said that success and efficacy of a democratic system depends on the independence of the judiciary which cannot be ensured until and unless all the state institutions work within the constitutional framework.

The Judiciary after its restoration has emerged not only as a bastion of justice but also a catalyst of societal reformation to guide the nation on the path of constitutionalism, he observed and said the judiciary has played a major role in bringing good governance in all state institutions through upholding the rule of law and curbing social ills by responding efficiently, fearlessly, promptly and effectively.

He said that role of the judiciary in the democratic governance of Pakistan is more of a check against constitutional transgressions than just an adjudicator in settling bilateral quarrels and disputes.

A strengthened and independent judicial system plays an assertive and decisive role for the promotion of rule of law which is a basic substance of democracy and necessitates the supremacy of the Constitution, equality before law and equal protection of law, he observed.

Regarding the National Judicial Policy (NJP), the chief justice urged the legal fraternity to articulate the weaknesses in the NJP on an institutional level as resorting to strike will further aggravate the problem of pendency and backlog of cases.

He said the judiciary was holding regular conferences on the NJP which provide an excellent forum to register ones views and even positive criticism for further improving the Policy.

He said that next such conference is scheduled to be held in April 2013 and invited lawyers bodies in the country to fully attend the moot and also come up with workable and sustainable solutions for improving the criminal justice system in the country.

The chief justice said the judiciary has taken notice of corruption and corrupt practices in the judiciary, and high courts in the country have dismissed many judicial officers and court staff found involved in such acts of corruption.

He said that under Article 37 (d) of the 1973 Constitution, the State is obliged to ensure inexpensive and expeditious justice to the people of Pakistan not as a favour but as a fundamental right; however, same has not being adhered to as is the essence of the Constitution and despite recommendation for increasing in number of judicial officers no positive response has been received by the government.

The hard work and efficient performance of courts have strengthened public trust in the justice system of Pakistan and more and more people are approaching the courts for resolution of their disputes and redressal of grievances, he observed.

He said that in the month of November alone 26,000 cases were disposed of while another 23,900 cases were instituted. These figures are a good reflection of the working of the institution of judiciary in the country. Not only the disposal rate is satisfactory but fresh institution of large number of cases also shows the respect and credibility being given to institution by the people of Pakistan, he observed.

The chief justice observed that with the passage of time the people have become more assertive in the enforcement of their legal rights and checking the illegal or malafide actions of the executive.

He said that people of Pakistan now expect better governance and equal opportunity for their individual and collective prosperity. They also expect that the criminal justice system of the country should also be more responsive to their day to day needs.

He said that it is the statutory and constitutional responsibility of the judiciary to safeguard democracy from being distorted and disrupted by state elements for their vested interests.

He said that he felt privileged that the Pakistani judicial system is the strongest backer of democracy which enjoys full confidence and faith of legal fraternity, other institutions, media as well as public at large.

He said that post-March 2009 Pakistan is a new country where the people have tasted the flavour of rule of law and supremacy of the Constitution.

Now these twin principles are considered as the fountain from where flows the legitimacy of all actions done in the country. In this period, many landmark judgments have been rendered by the apex court of the country which all have one common denominator i.e. everybody is equal before the law.

We are witnessing the most defining moments of our history. The attraction and power of rule of the law and supremacy of the Constitution was mobilising the people in one direction while the protagonists of old structures are trying to slow down this march of history, he observed.

He said that although it is saying that old habits die hard, but in view of the awareness being spread by the media and the civil society empowering the people and the watchful judiciary ensuring no constitutional deviations are countenanced, our future is bright.

This march of history to the promised land is beckoning us to carry on and your contribution in starting this march and continuing it till its fruition will be remembered by our generations to come, he said.

The chief justice congratulated the new enrolled lawyers at supreme court and expressed hope that the advocates will continue to act as a bulwark against the extra-constitutional interruptions and continue to stand up for rule of law and remove hurdles in the way of free and fair dispensation of justice in Pakistan.