Institutions hurt democracy if they overstep their authority: CJ

ISLAMABAD: Chief Justice of Pakistan (CJP) Anwar Zaheer Jamali on Monday said any institution crossing its prescribed limits not only damages democracy but also leaves a negative impact on social welfare.
Addressing a full court reference here at the Supreme Court on the eve of retirement of Supreme Court Judge Justice Sarmad Jalal Usmani, the chief justice said social justice, peace and the rule of law were crucial for development, prosperity and promotion of democracy.
“It is only possible when every institution works in accordance with the law and the Constitution.
“The Constitution has drafted principles for every institution according to which the three pillars of the state — the executive, the legislature and the judiciary — have to perform within their prescribed limits besides ensuring the supremacy of the Constitution.”
The chief justice further said the Constitution had also delegated an onerous responsibility to the judiciary to protect the basic human rights and for this reason the judiciary was separated from the executive and legislature.
He said the judiciary was also ensuring its independence.
The chief justice said in any unfavourable situation, all the institutions and the public looked towards the judiciary.
In this respect, he said in the given circumstances the judiciary had tried to give verdicts in the best interest of the public while using its legal and constitutional jurisdiction in order to promote peace and justice and to strengthen the foundations of institutions.
Justice Jamali further said the role of bar had always been very important for the judiciary adding that without valuable assistance of bar, judges could not render their professional responsibilities effectively.
“In order to ensure the rule of law and provision of justice, it is imperative to maintain a close harmony between the bar and the bench and to establish an environment of cooperation,” said the chief justice.
Justice Jamali paid rich tributes to Justice Usmani and said his judgments would be a source of inspiration and guidance for judges and lawyers.
He further said the role played by Justice Sarmad Jalal Usmani for the rule of law, supremacy of the Constitution and independence of the judiciary would never be forgotten.
In his address, Justice Usmani said judicial office was an office of trust as were all public offices indeed.
“We have taken an oath to protect the Constitution, be fair by all means and decide disputes brought before us in accordance with the law and our conscience.
“Our beloved country stands at a crossroads today. On the one hand, we are battling the forces of ignorance and bigotry and on the other we’re trying to pull ourselves out of poverty and debt.
“Now is the time to unite, to forget our infighting, to stop blaming others for our woes and to gather all our energies and direct them towards building our nation and country,” he said.
Justice Sarmad Jalal Usmani said he enjoyed each and every moment that he had spent at the bar and the bench.
“I learnt a lot from my seniors and my colleagues, and in this regard I would record that I have always received their love, respect and cooperation which I have endeavored to return,” he added.
He said everyone knew that a large number of cases were pending with the courts which could not be decided without the assistance and cooperation of the bar.
He requested the bar to discourage their clients from indulging in litigation which would go a long way towards reducing the burden on the courts.