LAHORE: Chief Justice of Pakistan (CJP) Anwar Zaheer Jamali has said 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 said that the judicial system was not meant for making decisions but for providing justice.
He said 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 said 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 said that the services of these judges could not be forgotten.
The CJP said that such ceremonies were not formal but provided an opportunity to understand the challenges and do better planning for the future. He said that such ceremonies provided an opportunity to the bar and bench for sitting together and resolving the issues, which ultimately benefit the public.
He said that for smooth running of government affairs, the principle of distribution of powers had been adopted in the constitution. He said that a system of checks and balances had been created amongst the institutions through distribution of powers, which was the basis of democracy.
He said 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 said 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 said that it was vital for prosperity and financial progress in society that the rule of law and good governance were ensured. However, it was regrettable that sayings of Quaid-i-Azam Muhammad Ali Jinnah had been forgotten, who had said 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 said that in case of failure of other institutions, the courts had to perform dual responsibilities. He said 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 said 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 said 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 Syed Mansoor Ali Shah thanked all the participants and said that it was the right time to discuss and decide the future course of action and strengthen the institution.
