News
Sunday, March 13, 2011
Deviation from constitution won’t be tolerated: CJP
* Justice Iftikhar Chaudhry says rule of law is a must for democracy
* Says no adventurer will dare to abrogate constitution after momentous struggle by lawyers, civil society and media
Staff Report
ISLAMABAD: Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry on Saturday expressed the need for enforcing the rule of law in the country and warned that deviation from the constitution would not be tolerated under any circumstances.
“Deviation from the constitution is unbearable and will be resented by all stakeholders,” Justice Chaudhry said while addressing additional district and sessions judges and senor civil judges at a certificate-awarding ceremony organised on the conclusion of a one-week training course, titled “Orientation of New Laws”, at the Federal Judicial Academy.
He termed the rule of law a sine qua non (an essential condition or requirement) for democracy, saying that enforcement of the rule of law might help promote democratic dispensation and accountability in the country.
It was the prime obligation of judges to enforce the constitution and ensure the rule of law to take the country to new horizons of socio-economic development, the CJP said, and warned, “If any judge sides with an adventurer or a violator, he/she will be liable to misconduct as decided in the historic judgement of the apex court on July 31, 2009.”
Referring to the supremacy of law and constitution in India, the CJP said that there had been no deviation from the constitution in “our neighbouring country”. “In India, both individuals and institutions strictly follow the constitution and rule of law due to which democracy has been flourishing there,” he added.
Justice Chaudhry said that administration of justice was the most difficult task, and held that delivering a decision on technical grounds was not justice.
The CJP, while lauding the momentous efforts of the media, legal fraternity and civil society for the restoration of the judiciary, said that no adventurer would dare to abrogate the constitution in the future, adding that if anyone dared he/she would have to face unparalleled resentment of lawyers, judges, civil society and media.
Justice Chaudhry was of the view that the increasing number of litigants in courts at all levels was reflective of public trust and confidence in the judiciary. He, however, deplored the present state of corruption and non-disposal of cases in district courts. He further said that district courts needed to play a proactive role because a large number of litigants came to them for decision on their cases.
“We must provide them with justice. We have to hear them properly,” the CJP advised the judicial officers.
On the occasion, the CJP announced that a national judicial conference would be convened on April 21, to which all stakeholders, including litigants whose cases were pending before courts for more than five years, would be invited to present their proposals. He also said that the problems being faced in implementing National Judicial Policy would be discussed in detail in the conference. Later, Justice Chaudhry distributed certificates to the judicial officers who participated in the training course.
Courtesy www.dailytimes.com.pk