News
Wednesday, June 01, 2011
SC has buried doctrine of necessity: CJP
* Justice Iftikhar Chaudhry says legislature and executive have to work hand in hand with judiciary
* Judiciary is a unifying and integrating force in country
Staff Report
ISLAMABAD: The Supreme Court has, through its verdict in the Sindh High Court Bar Association (SCBA) case, laid to rest the “doctrine of necessity”, said Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry while addressing a Full Court Reference held on Tuesday on the occasion of retirement of Justice Raja Fayyaz Ahmed.
Justice Chaudhry said the verdict also foreclosed the possibility of extra-constitutional regimes in the future. “This landmark judgement is a lesson in constitutional history as it has built a new constitutional nexus between articles 238 and 239 and Article 6 read with Article 237 of the constitution, for the protection and preservation of the 1973 Constitution of Pakistan,” he added.
Justice Chaudhry said the apex court, while rendering these judgements, had observed that it was the sacred function of the court to protect and uphold the constitution. “The apex court further observed that the constitution mandates that there shall be democratic governance in the country, wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed,” he added.
“Democracy prevails where constitutional norms are strictly adhered to by all the institutions and functionaries of a state,” he observed. Every organ of the state exercised powers within its jurisdictional domain, he said while referring to the principle of trichotomy of powers.
“Every organ of the state enjoys its separate existence and independence subject to the constitutional limits and constraints. Excessive and unauthorised exercise of power beyond the allotted sphere by any organ brings chaos and anarchy in society,” he added.
The CJP also said that the legislature and the executive had to work hand in hand with the judiciary for achieving the objectives of fair dispensation of justice and establishment of rule of law. The judiciary was also a unifying and integrating force in the country, he said, adding that “the constitution accorded a crucial position to it”.
Supreme Court Bar Association President Asma Jahangir expressed concerns over some judgements of courts, saying “these were often discussed with fears that these might set troublesome precedents”.
She said that in the past, the judiciary was heavily influenced by the executive and its judgements were controversial “but this fortunately was not the case anymore”.
Retiring judge Raja Fayyaz said that the judiciary with the help of the undaunted legal fraternity and countrymen was able to carve a niche in the temple of its equivocal history.
Courtesy www.dailytimes.com.pk