Judiciary checks arbitrary exercise of power, says CJ

ISLAMABAD: Chief Justice Iftikhar Mohammad Chaudhry said on Thursday that judiciary as an institution could never be independent unless individual judges remained impartial.

“The judges are pillars of the judicial institution and are expected to avoid such words, actions and situations that might make them appear prejudiced and disrespectful to the oath they are sworn to abide by,” the chief justice said while speaking at a full-court reference held to bid farewell to the retiring SC judge, Justice Mahmood Akhtar Shahid Siddiqui.

He said judiciary had never encroached upon the domains of the executive and legislature since both were independent in their spheres. “There can, however, be practical issues where the perspectives of judges can be of help to the executive and the legislature.”

The role of judiciary is not that of opposition to the other two organs of the state; it rather places a check on the arbitrary exercise of power by any institution or functionary of the executive. Otherwise, he said, the three organs had the same objectives of ensuring constitutional supremacy, rule of law, fair administration of justice and protection of people’s rights.

Justice Iftikhar, however, said judiciary had to be resolute in upholding the rule of law and the canons of justice in accordance with constitutional norms. He said Pakistan was at a crossroads because of natural calamities and internal and external threats. “At this juncture, we should fulfil individually and collectively responsibilities and obligations enshrined in the teachings of Islam, which are primary sources of the law of land.”

The chief justice paid tributes to Justice Shahid Siddiqui and acknowledged his service and contributions to the cause of justice.

He asked lawyers, clients and witnesses to refrain from unjust criticism of judges and judiciary, saying the bench, bar and litigant public were all part of the same judicial system. “They have to work in collaboration with one another in order to achieve the objectives of justice and establish peace and tranquillity in society.”

The chief justice said: “Establishing justice in society is not merely a voluntary endeavour. In Islam, justice among people is a divine attribute, which is considered as one of the most sacred and important obligations. The vision of Islamic society cannot be fulfilled if it was not based on justice, equality, tolerance and freedom.”

He said Pakistan being a democratic state was based on Islamic principles of social justice wherein the state was responsible to establish justice and eradicate all forms of oppression, transgression and tyranny.

Justice Shahid Siddiqui said the task of a judge was by no means easy. The balance of the civilised world is maintained by his independence, fearlessness and courage to apply law without fear or favour.

“It is impossible for a judge to please anybody at all. He has a duty to decide in accordance with the law. He has a duty to be fearless. He must be free from the influence of those who wield power. If a judge fails in his duty, there is nothing left to be
saved,” Justice Siddiqui said.