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No compromise on rule of law: CJP
* Asks state institutions to work within limits prescribed by the constitution, maintaining balance of trichotomy of power
ISLAMABAD: Chief Justice of Pakistan Justice Tassaduq Hussain Jillani has said that there will be no compromise on the enforcement of the rule of law and the constitution.
Speaking at the Pakistan Air Force College on Thursday, the chief justice said constitution is absolute power of the country and it assigns the Supreme Court a unique responsibility of maintaining harmony and balance between the three pillars of the state. He stated all state institutions should perform their functions harmoniously and within the limits prescribed by the Constitution maintaining the balance of trichotomy of power.
He further stated that the Supreme Court had to enter political arena and to give an authoritative pronouncement when crises emerged, resulting in the abrogation or suspension of the constitution. The violation of the constitution is matter of past and will not be repeated again, he added. He noted, “Undoubtedly the judgment varied in keeping with the peculiar socio-political situation, prevalent at the relevant time. Thus even, when the Court grants validation for the action, it always put a rider, limiting and minimizing the period of constitutional deviation.”
He further said, “It made earnest efforts to restore the Constitution, rule of law and bring back the system of democratic and parliamentary dispensation in the country. I trust that this saga is over and the era of crises, political instability is now behind us. The Court, in the aftermath of victorious Restoration Movement, embarked on the task of ensuring full and complete adherence to the norms of constitution, supremacy of law and maintenance of rule of law in the society.”
The chief justice further said the court had passed a restraining order against the emergency proclaimed on 3rd November, 2007, by General Pervez Musharraf. The court also declared the PCO to be in violation of the Constitution, he added. He said the restoration movement became triumphant and ushered in a new era of adherence to constitutionalism, rule of law and judicial independence in the country. “After restoration, the judiciary performed well, which embraced public confidence, in the administration of justice. Consequently, more and more cases are being instituted in Courts and people are coming to judiciary for the resolution of the disputes and redress of grievances,” he said.
The chief justice stated the court has never hesitated to use its powers for putting an end to the exercise of arbitrary authority by the Executive or passing illegal or discriminatory orders. It would be pertinent to mention here that the Human Rights Cell, established in this Court is operating under the said jurisdiction, he noted. He further said a Human Rights Cell has been established, keeping in view plight of the expatriate Pakistanis, who cannot pursue their legal matters in their homeland. Justice Tassaduq said the Armed Forces are an important institution under the Constitution and he believed they will continue to perform their sacred duty under the mandate of law and demonstrate the spirit worthy of their calling.
Courtesy www.dailytimes.com.pk