LAHORE: Chief Justice of Pakistan (CJP) Anwar Zaheer Jamali has s
aid that courts are completely independent at every level, and that they are not under any kind of pressure.
Addressing a ceremony in connection with the sesquicentennial celebrations of the Lahore High Court (LHC) on Saturday, he s
aid that the judicial system was not meant for making decisions but for providing justice.
He s
aid that decisions could not be made for appeasing anyone, or under pressure from the media. “Article 10A provides complete guidance in this regard,” he added.
He appreciated the services of the LHC for provision of justice and s
aid that it produced great judges, from Justice (r) Abdul Rasheed, Justice (r) AR Cornelius and Justice (r) Javed Iqbal to the incumbent judges of the apex court. He s
aid that the services of these judges could not be forgotten.
The CJP s
aid that such ceremonies were not formal but provided an opportunity to understand the challenges and do better planning for the future. He s
aid that such ceremonies provided an opportunity to the bar and bench for sitting together and resolving the issues, which ultimately benefit the public.
He s
aid that for smoot
h running of government affairs, the principle of distribution of powers had been adopted
in the constitution. He s
aid that a system of checks and balances had been created amongst the institutions through distribution of powers, which was the basis of democracy.
He s
aid that no institution was allowed to cross its limits and interfere
in the affairs of other institutions; therefore, no institution could command an absolute power, which was a basic condition for the rule of law.
However, the judiciary was empowered to review the laws and actions of parliament and the administration, respectively, he said. “If it was against the constitution or fundamental rights, the courts set it aside,” he added.
Justice Jamali s
aid that the judiciary always tried to make minimum use of its powers and passed orders
in the cases of sheer violation of the constitution or fundamental rights.
He s
aid that it was vital for prosperity and financial progress in society that the rule of law and good governance were ensured. However, it was reg
rettable that sayings of Quaid-i-Azam Muhammad Ali Jinnah had been forgotten, who had s
aid that it was the topmost priority of the government to remove injustice, corruption and other evils from the country to ensure peace and protection of the people’s rights, he said.
He s
aid that in case of failure of other institutions, the courts had to perform dual responsibilities. He s
aid that the courts had to decide cases between the parties on one hand and take action for protection of fundamental rights on the other.
He s
aid that the LHC had always performed its constitutional and legal responsibilities in resolution of disputes among the people and protection of fundamental rights.
Chief justice-designate Justice Mian Saqib Nisar s
aid that it was “our duty to decide the matters in accordance with the law”. A judge had to decide a case in accordance with the law and this was a mandate given to him
in the constitution, he added. “We do not have unrestricted powers to decide matters,” he added.
LHC Chief Justice Sy
ed Mansoor Ali Shah thanked all the participants and s
aid that it was the right time to discuss and decide the future course of action and strengthen the institution.
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